Effective as of 9 December 2024
These Terms of Use (“Terms”), together
with the Privacy
Policy and any and all agreements referred
to in the Terms (collectively, the "User Agreement"), governs your access
to or use of our website at https://storyboardgo.ai/ (the “Services”) owned and operated
by VOPI PTE LTD
("we or "us"). In these Terms, “you” or
"your" means any entity, organization, or company (or their authorised
persons) accessing or using the Services (“Organization”) as well as any
individual end user accessing and using the Services, as applicable and
hereby agreeing to the User Agreement.
PLEASE READ
THESE TERMS CAREFULLY. By registering a Storyboard account
and/or accessing or using our Services, you agree to and are legally bound
by the User Agreement If you do not agree to the User Agreement, please do
not register an account, access or use (or continue to access or use)
Storyboard.
We reserve the right, at our discretion,
to change, modify, add or remove portions of the Terms at any time. Please
check these Terms periodically for changes. Where required, we endeavour to
notify you of material changes to these Terms when you next access
Storyboard. Your continued use of our Services following the posting of
changes to the Terms or any notification to you shall mean you accept those
changes.
These Terms shall set forth the terms and
conditions pursuant to which you can use Storyboard. The use of Storyboard
is also subject to applicable laws of your country or jurisdiction of
residence.
If you ever wish to seek any relief from
us, you agree to waive the ability to pursue class action (where
applicable).
1.1 Storyboard is an AI-powered tool that
helps video creators generate storyboards.
1.2 The version of the Storyboard may be
upgraded from time to time to add support for new functions. We reserve the
right to change the content and features of Storyboard from time to time,
at our discretion, with or without notice. We may discontinue some or all
Services, including some features of Storyboard and/or technical support at
any time. If we discontinue our Services completely, where reasonably
possible, we will give you reasonable advance notice and a chance to
download your User Content. We shall not be liable to you for any losses
you may suffer, save for circumstances which warrant refunds.
1.3 In order to allow you to access and
use our Services, we need to perform scheduled or unscheduled repairs and
maintenance. We endeavour to give you notice as soon as practicable. If
such situations cause an interruption of your access to or usage of
Storyboard for a reasonable duration, we shall not bear any liability to
you.
1.4 We may release features that we are
still under testing and evaluation. We will mark these features or tools
with the words “beta,” “preview,” “early access,” or “evaluation” (or with
words or phrases with similar meanings). If you decide to use them, please
remember that they may not be as reliable or as thoroughly tested as other
features or tools. To improve and evaluate these beta features or tools, we
will log and analyze information about how you use and interact with
them.
2. Paid
Subscription and No Refunds
2.1. You may access Storyboard and use
its features only by paying for a subscription plan of your choice
("Subscription"). You can find more information about the different
subscription plans, its subscription fee, subscription period and features
as well as the duration of any free trial period on the signup screen
before making your purchases. Paid
subscriptions will automatically renew until you cancel it.
You can upgrade, downgrade or cancel your
Subscription any time.
(a) There are no refunds for partially
used subscription plan periods, except when required by law. Following any
cancellation, you will continue to have access to the Storyboard through
the end of your current billing period.
(b) If you experience significant
technical problems that prevent you from using our Services, you can write
to us to seek a refund. If the technical problem is due to our fault, we
will issue a refund. All refunds will be processed back to the original
payment method used at the time of purchase. Please allow 20 business days
for the refund to appear on your account. We will inform you should we
require more time
(c) If you decide to cancel your
Subscription, you will have the option to choose to export all your User
Content before the end of your current billing period.
(d) On the next day after your
Subscription expires, you will not be able to export or view your User
Content. You will be able to view or download your past User Content if you
subsequently choose to purchase a Subscription.
2.2. Solely at our discretion, we may
offer a trial period for some of the subscription plans every now and then.
Subscription
with a free trial period will automatically renew to a paid
subscription. If you do not want to continue with
a paid subscription, please
cancel your trial subscription before the end of the free trial period.
2.3 All payments are powered by
Stripe. You can review their privacy policy here.
2.4 We reserve the right to modify,
terminate or otherwise amend our offered subscription plans at any time.
You will be notified if the price of a subscription plan changes and your
consent will be required to continue. Except as otherwise expressly
provided for in the User Agreement, any price change or changes to your
Subscription will take effect in the next subscription cycle after
notifying you.
3.1 Our Services require you to provide
registration information and create an account, and these Terms also govern
your account. You shall provide only true, current and accurate information
when you create your account or provide us with the required information.
You agree to update your registration information to keep it accurate and
current. We may ask you to confirm your registration information (such as
your email address) to continue using the Services. In order for you to use
(continue to) the Services and/or for us to accommodate certain requests by
you, we may require you to confirm your registration information (such as
your email address) or verify your identity by sending a verification code
to an email address and/or by requesting reasonable
documentation.
3.2 You will not share your account or
your registration information, and you will not let anyone else access your
account. You are the sole and exclusive guardian of any password that you
may use to access the Services. In the event you become aware of or
reasonably suspect any breach of security, including any loss, theft, or
unauthorized disclosure of your registration information, you must
immediately notify us and modify your registration information. You are
solely responsible for maintaining the confidentiality of your registration
information, and you will be responsible for all uses of your registration
information, including all transactions, conduct and activities undertaken
by means of your account, whether or not authorized by you. You shall
notify us immediately and confirm in writing any unauthorized use of your
account.
3.3 By registering an account with
Storyboard, you represent and warrant to us that:
(a) you are 18 years old or such greater
age required in your country or jurisdiction of residence for you to be
authorised to use Storyboard without parental or guardian approval
("Age of Legal Majority")
(b) you have not previously been
suspended or removed from Storyboard;
(c) you are not located in a region that
is subject to any government embargo, or that has been designated by any
government as a “terrorist supporting” region;
(d) you are not listed on any
government's list of prohibited or restricted parties;
(e) your registration, access to and/or
use of Storyboard is in compliance with any and all applicable laws and
regulations; and
(f) if you are an Organization, the
individual accepting the User Agreement on your behalf represents and
warrants that they have authority to bind you to the User Agreement and you
agree to be bound by the User Agreement.
3.4 We recognise the owner of the email
account on your Storyboard account as the sole owner of that Storyboard
account. You are fully responsible for all transactions undertaken by means
of your account. You shall notify us immediately and confirm in writing any
unauthorized use of your account. You are the sole and exclusive guardian
of any password that you may use to access the Services. If you provide any
information in connection with your account or subscription, you agree to
maintain accurate, complete and current information. You agree that in
order to accommodate certain requests by you, we may require you to verify
your ownership of an account by sending a verification code to the phone
number on the account and/or by requesting reasonable documentation to show
your ownership of the number and account.
4.1 Subject to your complete and ongoing
compliance with the User Agreement, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable, revocable license to:
(a) install and use one object code copy
of the Storyboard on a computer device that you own or control; and
(b) access and use the Storyboard website
and Services.
4.2 When exercising your rights
under the license, you agree to use the Services fairly and lawfully. For
avoidance of doubt, you may use the output generated using Storyboard for
commercial use. You should not abuse your account or our Services. If we
detect unusual, excessive, or disruptive usage patterns that indicate
potential abuse of our system — such as attempts to overload or exploit the
platform, possibly through automated or bot usage — we reserve the right to
assess these actions as a violation of our Terms. If you are prohibited
under any applicable law from using the Services, you may not use
it.
4.3 No licenses or rights are granted to
you by implication or otherwise, except for the licenses and rights
expressly granted to you. Your license does not allow you to:
(a) reproduce, distribute, publicly
display, or publicly perform the Services;
(b) make a copy, rent, lease, loan,
resell, sublicense, distribute or otherwise transfer the license granted to
you in the Services or any Materials or any right or ability to view,
access, or use any Materials;
(c) access or use the Services in
violation of any usage restrictions or other limitations associated with
the Services or subscriptions you (or your Organization) have
selected to access and purchase, if applicable.
4.4 Storyboard is not intended for
distribution to or use in any territory where such distribution or use
would violate local law or would subject us to any regulations in that
territory. We reserve the right to limit our Services in any
territory.
4.5 We have the right, in our sole and
absolute discretion, to issue warning, remove content, suspend, disable,
terminate, permanently ban or restrict your access to or use of Storyboard,
or even report you to law enforcement at any time and is not obligated to
bear any liability to you or any third party, if you:
(a) are under the legal age in your
country permitted to access, register an account or use
Storyboard;
(b) violated the Prohibited Conduct
described in Section 4, Section 7 and Section 9; or
(c) failed to pay for the Subscription
(see Section 2 above).
4.6 Before suspending or terminating your
account, we will (a) provide you with reasonable advance notice via the
email address associated with your account so you can try to remedy the
violation, breach or act that prompted us to contact you and (b) allow you
to export your User Content from Storyboard. If you fail to take the steps
we ask of you after such notice, we will terminate or suspend your access
to Storyboard. However, we reserve the right NOT TO provide notice before
termination or suspension where we believe that: (a) you are in material
breach of these Terms or abusing our system, (b) doing so would cause us
legal liability or compromise our ability to provide Services to other
users, or (c) the law prohibits us from providing notice.
4.7 If your Storyboard account is
suspended, disabled, banned or terminated, you may not create a new account
or ask any other person to create a new account for you. If you think that
your Storyboard account was wrongfully suspended, disabled, banned or
terminated, you may email us using the contact information at the end of
this page. We will promptly investigate the situation and respond to
you.
5. Ownership and
Third Party Claims
5.1 The visual interfaces, graphics,
design, compilation, information, data, computer code (including source
code or object code), products, software, Services, and all other elements
of the Services (“Materials”) belong to us and/or our third party
licensors, and are protected under intellectual property laws and other
relevant laws. Except as expressly authorized by us under the User
Agreement, you may not make use of, copy, reproduce, distribute,
disseminate, sell, publish, circulate, modify or incorporate the Materials
in any way, whether in whole or in part. Other product and company names
mentioned in the User Agreement may also be the trademarks of their
respective owners.
5.2 We will not hesitate to take legal
action against any unauthorized use of our trademarks, names or
intellectual property to protect and restore our rights. We reserve all
rights to the Materials not granted expressly in these Terms.
5.3 In the unlikely event that there is
any claim made against you on the ground that the Materials infringe any
third party’s intellectual property rights, please provide us with all
relevant information immediately. Our contact information is at the end of
this page. We will carry out the necessary investigation, defense,
settlement and discharge of any such intellectual property infringement
claim.
6.1 All information, data, text, music,
sound, photographs, images, graphics, video, messages, audio recordings,
comments or any other materials whatsoever, whether recorded, uploaded,
posted, transmitted or used by you in conjunction with Storyboard, shall be
collectively referred to as the “Submitted Content.” You shall be solely
liable for any Submitted Content you submit or transmit using the Services.
We will not review, monitor or edit the Submitted Content for accuracy,
timeliness, integrity or completeness. Without limiting the foregoing, we
may process your Submitted Content for purposes of monitoring for and
preventing abusive or harmful use of our Services or for analytics
purposes, and shall have the right, in our sole discretion, to remove any
of your Submitted Content for any reason (or no reason), including if such
content violates the Terms or any applicable law. Although we do not
generally monitor user activity, if we become aware of any possible
violations by you of any provision of the Terms or abnormal usage
indicating potential system abuse, we reserve the right to investigate such
violations, and we may, at its sole discretion, immediately terminate your
license to use our Services, or change, alter or remove your Submitted
Content, in whole or in part, without prior notice to you.
6.2 Each time you submit Submitted
Content, you hereby represent, warrant, and covenant that you are of Age of
Legal Majority, and that as to any Submitted Content you provide (including
but not limited to, text, images, music, or video), (a) you are the sole
author and owner of the Submitted Content or you have the full lawful right
to grant the rights and license specified in this section; (b) the
Submitted Content is accurate and lawful; (c) the Submitted Content does
not and, as to Storyboard’s permitted uses and exploitation set forth in
the User Agreement, will not infringe on any intellectual property or other
right of any third-party; and (d) the User Content will not violate the
User Agreement or any applicable Additional Terms, or cause injury or harm,
or threaten to cause injury or harm, to any person.
6.3 We have no obligation to monitor or
enforce your intellectual property rights to your Submitted Content, but
you grant us the right to protect and enforce our rights to your Submitted
Content, including initiating actions in your name and on your behalf (at
our costs and expense, to which you hereby consent and irrevocably appoint
us as your attorney-in-fact, with the power of substitution and delegation,
which appointment is couple with an interest).
6.4 You will receive Output (i.e.
Storyboards etc) based on your Submitted Content. While the Output is
ordinarily saved on your account directly, we cannot guarantee complete
protection against loss or corruption of data. We strive to provide support
and attempt to troubleshoot any known or discovered issues that may have
caused any data loss but you acknowledge that we have no liability related
to the integrity of the Output or the failure to successfully restore
Output to a usable state.
6.4 Please back up all your Submitted
Content and Output (collectively, "User Content") - we are not responsible
for backing up or archiving any of these contents. If you choose to delete
your User Content, they will be irretrievable as there are no other copies
stored on our servers.
6.5 Between us, you retain ownership of
your User Content to the extent permissilbe by law. Notwithstanding your
ownership of your User Content, you hereby grant us a royalty-free,
world-wide, non-exclusive, transferable, sublicensable license to use,
reproduce, modify, edit, publish, prepare derivative works of, distribute,
display, copy, and perform the User Content (in whole or in part), and/or
incorporate such content into existing or future forms of work, media or
technology. The rights you grant in this license are for the limited
purpose of operating and providing our Services to you, protecting our
Services, improving and customising our Services for you, and developing
new features or products. WE DO NOT SELL
YOUR USER CONTENT. Relatedly, you grant to us the right to
authorise third parties to exercise such rights on our behalf. In the event
you terminate your Subscription, we will retain your User Content for a
commercially reasonable period of time for backup, archival, or audit
purposes, or as otherwise required or permitted by law and in accordance
with our Privacy
Policy. The license to your User Content
therefore continues even if you stop using the Services. The User Content
will be deleted by us if you terminate your user account.
6.6 If anyone brings a claim (Third-Party
Claim) against us in relation to your actions and activities carried out on
our Services, you will, to the maximum extent permitted by applicable law
of your country or jurisdiction of residence where you use our Services,
indemnify and hold us (and our direct and indirect parents, subsidiaries or
related entities in the same corporate group, collectively, our
“Affiliates”) and each of their respective employees, directors, members,
managers, shareholders, agents, vendors, licensors, licensees, contractors,
customers, successors, and assigns harmless from and against all
liabilities, damages, losses, and expenses of any kind (including
reasonable legal fees and costs) arising out of or in any way in connection
with any of the following: (a) your access to or use of our Services,
including activities carried out thereon or User Content provided in
connection therewith; (b) your breach of the User Agreement or applicable
law; (c) our and/or our Affiliates' use of the information that you submit
to us, including your User Content, subject to our Privacy
Policy; (d) information or material transmitted
through your device, even if not submitted by you, that infringes,
violates, or misappropriates any copyright, trademark, trade secret, trade
dress, patent, publicity, privacy, or other right of any person or entity;
or (e) any misrepresentation made by you. You will cooperate as fully as
required by us in the defence or settlement of any Third-Party Claim (all
of the foregoing, “Claims and Losses”). You will cooperate as fully
required by us, in the defense of any Claim and Losses.
Notwithstanding the foregoing, we and/or our Affiliates retain the
exclusive right to settle, compromise, and pay any and all Claims and
Losses. We and our Affiliates reserves the right to assume the
exclusive defense and control of any Claims and Losses. You will not
settle any Claims and Losses without, in each instance, our or our
Affiliate's prior written consent. This section is not intended to limit
any causes of action against us that you may have but are not waivable
under applicable law.
7.1. You agree to use the Services fairly
and lawfully. You may not distribute via Storyboard or upload any
content or create any output that may be considered:
a. pornographic, obscene or indecent, or any
adult content;
b. exploitative, endangering or abusive of
minors below 18 years old;
c. to depict or involve content depicting
minors under 13 years old;
d. violent or promoting
violence;
e. to be depicting, encouraging or assisting
suicide or self-harm;
f. rumor, false or misleading information;
g. hateful, insensitive, inappropriate,
demeaning or offensive speech, including any content that promotes
prejudice, discrimination, racism, terrorism, ageism, sexism or violation
of legal rights against specific individuals or groups;
h. profane, blasphemous or any content that
may offend people of certain faith, or otherwise related to
religion;
i. related to gambling, counterfeits,
fraudulent products or Services prohibited by law, abortion, weapon, or
other highly explosive subject matter;
j. abusive, bullying, intimidating,
libelous, embarrassing or otherwise harassing other people or groups of
people;
k. spam, junk mail or other unsolicited
advertisement;
l. advertising or referrals for products,
services or companies unrelated to Storyboard;
m. disrupting to national or social order,
or violates any public order, moral or social norms;
n. promoting criminal acts;
o. promoting illegal or inappropriate use of
alcohol or tobacco;
p. fradulent, deceptive or misleading,
including impersonation or claiming false affiliation;
q. to infringe on or misappropriate third
party's intellectual property or other proprietary rights. Do not use any
Submitted Content that belongs to other people and pass it off as your own;
this includes any content that you might have found elsewhere on the
Internet. If anyone contributes to your Submitted Content or has any rights
to your Submitted Content, or if anyone appears or is referred to in the
Submitted Content, then you must also have their permission to submit such
Submitted Content to Storyboard;
r. confidential, sensitive personal
information or personally identifying information (e.g. first and last name
together, password, phone number, address, credit card number, medical
information, email address, or other personally identifiable information or
contact information) of yourself or others without permission;
s. harmful to the reputation and credibility
of Storyboard;
t. other contents that in our judgement are
negative contents or otherwise not suitable for distribution.
7.2 By using our Services, you agree not
to:
a. abuse our Services such as attempting to
overload or exploit the platform, possibly through automated or bot
usage;
b. use the Services for any unlawful,
unauthorised or illegal purpose or in violation of any local, state,
national, or international law;
c. Use Storyboard in connection with any
direct or indirect political advertising or purposes;
d. access, search or create any Storyboard
account without permission by any means other than our user supported
interfaces;
e. create an account using a false identity
or information (such as age or date of birth), or on behalf of someone
other than yourself;
f. impersonate any other person, user or
company;
g. remove, disable, damage, interfere with
or circumvent any feature of the Services, including any security or access
control mechanism or features that prevent or limit use or copying of any
content;
h. use web scraping, web harvesting or web
data extraction methods to extract data or Material or personal information
or any other information from Storyboard;
i. provide archived or cached data sets
containing User Content (or our Materials or any other information or data
or content) to another person or entity;
j. use any User Content or our Materials or
any any of our information or data or content collected from Storyboard for
the development or use of any software program, application, model or
website, including, but not limited to, an artificial intelligence system,
natural language model, large language model or machine
learning;
k. make modifications to, disassemble,
decompile or reverse engineer or otherwise attempt to discover the source
code of any portion of the Services, except to the extent that such
restriction is expressly prohibited by law;
l. interfere with the operation of the
Services or any user’s enjoyment of the Services, including by:
i. uploading or otherwise disseminating any
virus, adware, spyware, trojan horse, worm, malicious code, links to
phishing website or other harmful programmes or technologies or malicious
content or code that could impact the operation of the Services or any
computer or other device; or
ii. interfering with or disrupting any
network, equipment, or server connected to or used to provide the
Services;
iii. use or take part (directly or indirectly)
in the use of cheats, exploits, automation software, bots, hacks, mods or
any unauthorized third-party software designed to modify or interfere with
the Services;
iv. disrupt, interfere with or otherwise
adversely affect the normal flow of Storyboard or otherwise act in a manner
that may negatively affect other users’ experience when using the
Services;
m. sell or otherwise transfer the access
granted under the User Agreement or any Materials or any right or ability
to view, access, or use any Materials;
n. harm us or our users in any way;
or
o. attempt to do any of the prohibited acts
described in Section 4, Section 7 ande Section 9 or assist or permit any
person in engaging in any of the prohibited acts described in Section 4,
Section 7 ande Section 9.
8. Copyright
Policy and Other Intellectual Property Rights
8.1 We respect the copyright and other
intellectual property of others, and we ask our users to do the same. We
will not tolerate any acts of yours that directly or indirectly infringe on
copyright or any other intellectual property rights belonging to us or
others when you use Storyboard.
8.2 Before you
submit any Infringment Notice, you need to consider the
following:
a. Infringment exceptions: Consider whether
fair use, fair dealing, or a similar infringment exception applies. You
need to confirm you’ve made this consideration. The content identified in
your Infringment Notice will not be removed if an exception applies. If you
are unclear about legal exceptions, we highly recommend that you speak to
an attorney before submitting a removal request.
b. Personal information: Your personal
contact information may be disclosed to the User who posted allegedly
infringing content ("Reported User"). Make sure you understand how your
contact information is used once you submit a t removal
request.
8.3 If you believe the Services
(including its elements or Materials) or any User Content has infringed
your copyright or other intellectual property rights, please send an
Infringment Notice to our contact details at Section 16 below. The
Infringment Notice shall include the following information:
(a) a detailed description of the
copyright or intellectual property that you claim has been
infringed;
(b) the copyright or intellectual
property registration certificate (where available);
(c) a clear description of where the
material that you claim is infringing is located on the Services and all
information reasonably sufficient to permit us to locate the material (e.g.
URL);
(d) your contact information (address,
telephone number and email address);
(e) a signed declaration by you that you
in good faith have reasonable grounds to believe that the disputed use is
not authorized by the copyright or intellectual property owner, its agent
or licensees, or allowed under the applicable laws;
(f) a signed declaration by you, under
penalty of perjury, that all information contained in your notice is
accurate to the best of your knowledge and that you are the copyright or
intellectual property owner; and
(g) if you are not the owner, a signed
letter of authorisation from the copyright or intellectual property owner
authorising you to act on their behalf and contact information of the owner
(address, telephone number and email address).
8.4 Do not make false claims. Misuse of
the removal request, such as submitting false information, may result in
the suspension of your account or other legal consequences. ALSO PLEASE
NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,
YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES,
INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES, UNDER OTHER
APPLICABLE LAWS.
8.5 Upon receipt of a valid Infringment
Notice, we will act appropriately to remove any Materials or User Content
that infringes the copyright or other intellectual property rights of
others. Where applicable, we may forward some of the information in your
Infringment Notice to the User who posted allegedly infringing content
("Reported User"). After removing allegedly infringing content, we will
notify the Reported User of our actions taken and we may, at our
discretion, terminate the accounts of Reported User who are repeat
copyright or intellectual property infringers or ban such users from using
our Services on the basis of actual or apparent copyright or intellectual
property infringement.
8.6 As a Reported User, you may contact
the party who submitted the Infringment Notice and ask them to retract
their request and/or claim of infringement. If you believe you are the
wrongful subject of an Infringment Notice, you may file a
Counter-Notification to us. In the Counter-Notification, you should include
the following information:
a. the specific URLs or location of User
Content that we had removed or which we had disabled access;
b. your name, address, contact number and
email address;
c. a statement that you consent to the
jurisdiction of the Singapore courts, and that you will accept Services of
process from the person (or their agent) who provided the original
Infringment Notice;
d. the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.";
and
e. your signature.
8.7 Please note that sending us a
Counter-Notification has real legal consequences. Please seek legal advice
before you do so.
8.8 Upon receipt of a valid
Counter-Notification, we will forward it to the Notifying Party who
submitted the original Infringment Notice. The Notifying Party will then
have ten (10) days to notify us that they have filed legal action relating
to the allegedly infringing material. If we do not receive any such
notification within ten (10) days, we may restore the material to the
Services at our sole discretion.
9.1 We use AI technology (including
generative AI technology) to help improve the quality, performance and/or
safety of Storyboard and/or build the features of our Services. Some of our
features are powered by OpenAI technology but we are not affiliated to
ChatGPT. If you choose to use any generative AI features (as and when they
become available), you should use the output responsibly. You also agree
not to use Storyboard and/or upload Submitted Content in a way that is
irresponsible or infringes, violates or misappropriates our or third
party's rights (intellectual property or proprietary rights, contract
rights or otherwise).
9.2 We make no warranties of any kind,
express or implied, that any output will be (a) unique to you or your
Submitted Content, (b) substantially dissimilar to the output of other
users, (c) copyrightable or otherwise subject to legal ownership by you. No
warranty is provided for the functionality, accuracy, completeness or
nature of the AI technology or tools.
10.1 In order to ensure your continued
use of some or all the features of Storyboard, we may need to use, transfer
or store your personal information such as billing details, email
addresses, and User Content with our "Authorised Personnel" such as
entities within our group of companies and authorised third party
contractors or sub contractors which are necessarily involved in our
provision and performance of the Services to you. We and our Authorised
Personnel shall not use, share, or disclose such information beyond the
extent necessary to provide you with the Services or improve the Services
for your use. We and our Authorised Personnel shall not use such
information for marketing purposes without first obtaining your explicit
consent.
10.2 In order for us to continually
improve our Services, we may need to collect and analyze anyonmised or
synthetic data and other information belonging to you (incuding your User
Content - see Section 6). We may generate statistics, calibrate data
models, improve algorithms and enhance our Storyboard website (and
Materials) - see Section 5) in the course of processing such information
via machine learning, LLM learning or finetuning, or other similar
processes (“Training”). Under these Terms and by your continued use of
Storyboard, you are deemed to have given consent to the Training carried
out solely for our research and development purposes only (and not for any
marketing purposes). WE DO NOT SELL
YOUR PERSONAL INFORMATION. Nothing in the User Agreement gives
you any rights in or to any part of the Services or the Training generated
by us or the Training generated in the course of providing the
Services.
10.3 The Storyboard's Privacy Policy is
available here and governs the manner in which we
(and our Authorised Personnel) collect, use, maintain and disclose
information collected from you. Please read the notice carefully before
using our Services. By using our Services, you acknowledge our Privacy
Policy and declare that you understand the options we provide to you in
matters concerning your personal information.
11. Notice to
California Residents
11.1 If you are a California resident,
under California Civil Code Section 1789.3, you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd.,
Suite S-202, Sacramento, California 95834, or by telephone at (800)
952-5210 in order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services.
11.2 California residents can obtain
information on our privacy practices and learn more about their California
privacy rights, including how we comply with the California Online Privacy
Protection Act and the California Shine the Light Act (where applicable),
in our US Privacy
Notice.
12.1 These Terms shall be governed by and
construed in accordance with the laws of Singapore, without regard to
choice of law principles.
12.2 If you are a consumer and subject to
the applicable consumer laws of your country of residence, you may resolve
your claim in any competent court in that country that has jurisdiction
over the claim. In all other cases, you agree that your claim arising out
of or in connection with the User Agreement, including any question
regarding its existence, validity or termination, must be resolved
exclusively in the competent court with jurisdiction over our registered
address, and that you submit to the personal jurisdiction of such courts.
Without prejudice to the foregoing, you agree that, in our sole discretion,
we may also bring any claim that we have against you arising out of or in
connection with the User Agreements in the country in which you reside that
has jurisdiction over the claim.
12.3 If you ever wish to seek any relief
from us, you agree to waive the ability to pursue class action (where
applicable).
12.4 TO THE EXTENT PERMITTED BY LAW, ANY
CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER
SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS
THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT
CLAIM.
13.1 To use our Services, you must have a
compatible internet browser, and stable internet access (fees may apply)
among other technological features. This also means that the quality and
availability of the Services may be affected by factors outside our
control. We do not warrant that our Services will be compatible with all
hardware and software which you may use.
13.2 We shall not bear any liability for
the interruption of or other inadequacies in the Services caused by your
network operator or circumstances of force majeure, or that are
otherwise beyond our control. Where we can, as far as possible, we shall
reasonably attempt to minimize the resulting losses of and impact upon
you.
13.3 The Services are provided on an
"AS-IS" and "AS-AVAILABLE" basis. We make no representations or
warranties of any kind express or implied as to the operation and provision
of such Services or any part thereof. Under no circumstance do we guarantee
that the Services will be uninterrupted, secure, safe, timely or free from
errors, delays or disruptions. We also do not make any warranty of our
Services with regard to the merchantability, technical compatibility,
title, non-infringement, fitness for any particular purpose, security and
freedom from computer virus or other harmful code.
13.4 We do not guarantee the accuracy and
integrity of any external links that may be accessible by using the
Services and/or any external links that have been placed for the
convenience of you. We shall not be responsible for the content of any
third party linked site or any link contained in a third party linked site,
and we shall not be held responsible or liable, directly or indirectly, for
any loss or damage in connection with the use of the Services by you.
Moreover, we shall not bear any responsibility for the content of any
webpage that you may be directed via an external link that is not under our
control. We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you
visit.
13.5 We do not control, and are not
responsible for controlling how or when our users use the Services. We are
not responsible for and we do not control the actions or information
(including Submitted Content) of our users.
13.6 You are fully responsible for any
risks involved in using our Services. Any use or reliance on our Services
will be at your own risk.
13.7 NOTWITHSTANDING THE FOREGOING, THIS
SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY
OR RELATED DISCLAIMERS THAT ARE PROVIDED BY US OR OUR SUPPLIERS WITH REGARD
TO A PRODUCT SOLD BY US TO YOU, OR ANY WARRANTY ON A PRODUCT TO THE EXTENT
REQUIRED BY APPLICABLE LAW; (II) OUR LIABILITY FOR PERSONAL INJURY TO
YOU CAUSED BY US OR OUR AFFILIATES TO THE EXTENT NOT WAIVABLE OR CANNOT BE
LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE
AGAINST US OR OUR AFFILIATES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED
UNDER APPLICABLE LAW.
13.8 Some jurisdictions do not allow for
the exclusion of implied warranties, so some of the above exclusions may
not apply to you.
14. Indemnity and
Limitation of Liabilities
14.1 To the extent permissible by law, we
do not warrant and shall not be liable in any way for the quality,
timeliness, accuracy, functionality, availability or completeness of the
Services and shall not be responsible for any consequences which may arise
from your use of such Services.
14.2 To the extent permitted by
applicable laws, you expressly understand and agree that we shall not be
liable for any direct, indirect, incidental, special, consequential,
exemplary or punitive damages or any other intangible losses resulting
from: (a) the use or the inability to use our Services; (b) unauthorized
access to or alteration of your transmission or data; (c) statements or
conduct of any third party, (d) any other matter relating to the Services
or this User Agreement (whether based on contract, tort or otherwise, and
whether or not we have been advised of such damages). We shall also not be
liable to you or any third party under any circumstances for damages or
costs arising out of or in connection with your unauthorised use of our
Services (including your failure to comply with applicable applicable
local, state, federal or international laws), or any private or
governmental legal action related to your use of the Services in any
country. Even if we were found liable, WE SHALL NOT BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THIS AGREEMENT
IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID
ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE
LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES AND TO
CANCEL YOUR ACCOUNT. The foregoing limitations will apply even if the
Services fail of its essential purpose.
14.3 NOTHING IN THIS AGREEMENT SHALL
AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY
LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR FOR
DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD BY
US.
14.4 You irrevocably waive all rights to
seek injunctive or other equitable relief, or to enjoin or restrain the
operation of the Services, exploitation of any advertising or other
materials issued in connection therewith, or exploitation of the Services
or any content or other material used or displayed through the Services and
agree to limit your claims to claims for monetary damages.
14.5 YOU RELEASE US, OUR AFFILIATES, AND
OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY
CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES
(TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR
RIGHTS WITH RESPECT TO US AND OUR AFFILIATES ARE NOT MODIFIED BY THE
FOREGOING DISCLAIMER IF THE LAWS OF YOUR TERRITORY OF RESIDENCE, APPLICABLE
AS A RESULT OF YOUR USE OF OUR Services, DO NOT PERMIT IT.
14.6 You agree to indemnify, defend and
hold us (and our officers, directors, agents, subsidiaries, joint ventures
and employees) harmless from any claim, demand, damages or other losses,
including reasonable attorneys’ fees, asserted by any third-party resulting
from or arising out of your use of the Services, or any breach by you of
this Agreement, however the foregoing does not apply if the infringement of
rights is not attributable to your intentional or negligent
behavior.
15.1 The User Agreement forms the entire
agreement between you and us regarding your use of the Services.
15.2 You may not assign or transfer your
rights or obligations under the User Agreement, in whole or in part, by
operation of law or otherwise (and you may not delegate your duties under
them) without our prior written consent. We may assign our rights or
obligations under the User Agreement (in whole or in part) at any time
without notice or consent.
15.3 The failure to require performance
of any of the provisions forming the User Agreement by you or us will not
affect our right to require performance at any other time after that, nor
will a waiver by us of any breach or default of the User Agreement, be a
waiver of any breach or default or a waiver of the provision itself. No
waiver or modification of any term of this User Agreement will be effective
unless in writing and signed by the party against whom the waiver or
modification is sought to be enforced.
15.4 If any part of these Terms is held
to be invalid or unenforceable, then that provision will be deemed
severable from this User Agreement, and the invalidity of the provision
will not affect the validity or enforceability of the remainder of this
User Agreement.
15.5 To the extent permitted by
applicable law, you agree to waive and will waive, any applicable statutory
and common law that may permit a contract to be construed against its
drafter.
15.6 Where we have provided you (directly
or indirectly) with a translation of English language version of the User
Agreement (including these Terms and the Privacy Policy), you agree that
the translation is provided for your convenience only and that the English
language version of the User Agreement will govern your usage of our
Services. If there is any contradiction between what the English language
version of the User Agreement says and what a translation says, then the
English language version shall prevail.
15.7 We reserve the right to terminate
this User Agreement at any time at our sole discretion for any reason and
we shall not be liable to you for any losses you may suffer upon
termination. Notwithstanding, we endeavour to give you advanced and
reasonable notice before we terminate this User Agreement. Upon any
termination (a) the rights and licenses granted to you herein shall
terminate; and (b) you must cease all use of the Storyboard website and
Services.
15.8 You acknowledge that the rights
granted and obligations made under this User Agreement are of a unique and
irreplaceable nature, the loss of which shall irreparably harm us and which
cannot be replaced by monetary damages alone so that we shall be entitled
to injunctive or other equitable relief (without the obligations of posting
any bond or surety or proof of damages) in the event of any breach or
anticipatory breach by you.
15.9 We shall not be liable for any delay
or failure to perform resulting from causes outside our reasonable control,
including without limitation any failure to perform hereunder due to
unforeseen circumstances such as acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, pandemics,
nationwide IT networks attacks or failures, accidents, strikes, or
shortages of transportation facilities, fuel, energy, labor or
materials.
16.1 We are happy to and we may
periodically solicit suggestions from our users. However, we do not accept
or consider unsolicited suggestions of any kind (e.g. ideas on product
development or features, artwork, musical or audiovisual works, concepts or
any other creative materials) in any format or manner (“Unsolicited
Content”). This is to avoid potential misunderstandings if new products or
features or Services independently developed by or for us might seem
similar to your suggestions. Therefore,
please do not submit any Unsolicited Content to us.
16.2 If you insist on submitting
Unsolicited Content or sending us any other feedback, you agree that any
feedback provided will be used by us in an unrestricted manner and treated
as non-confidential information. Please do not share anything that contains
new or original ideas which you may want to claim any form of proprietary
rights in, now or in future. If you insist on sending us new or original
ideas or creative materials, then you are deemed to have agreed that: (a)
your Unsolicited Content, feedback and their contents will automatically
become our intellectual property, without any compensation to you; (b) you
will not assert against us any rights or ownership and you will not claim
any compensation in respect of any such Unsolicited Content or feedback;
(c) we may use or redistribute the Unsolicited Content, feedback and their
contents for any purpose and in any way we deemed fit; (d) there is no
obligation for us to evaluate any ideas or material that you submit to us;
and (e) there is no obligation to keep the Unsolicited Content or any such
ideas or material confidential.
16.3 If you need to contact us or seek
clarification, you may contact us as follows:
Name: VOPI PTE.
LTD.
Address: 60
Anson Road, Mapletree Anson, #09-01/02 Singapore 079914
Attn: Customer
Services
EMAIL:
[email protected]