Terms of Use

1. Acceptance of Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and StoryBound Tech LLC ("StoryBound," "we," "us," or "our"), concerning your access to and use of our websites, mobile applications, and any other media form, media channel, or services related, linked, or otherwise connected thereto (collectively, the "Site" or "Services"). You agree that by accessing the Site or Services, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site or Services after the date such revised Terms of Use are posted.

2. Eligibility

The Site and Services are intended for users who are at least 13 years of age. By using our Site or Services, you represent and warrant that you are at least 13 years old. If you are under 13 years of age, you are not permitted to use or register for the Site or Services.

If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may only use the Services under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms of Use.

3. Description of Services

StoryBound Tech LLC develops and operates journaling applications designed to help users capture and preserve personal memories and milestones. Our Services include mobile applications, web platforms, and related features that enable users to create, store, and organize journal entries, photos, and other personal content.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Accounts and User Representations

If you create an account on the Site, you are responsible for maintaining the security of your account and for all activities that occur under your account. By creating an account, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental or guardian permission to use the Site
• You will provide accurate, current, and complete information
• You will maintain the security of your account credentials
• You will not access the Site through automated or non-human means
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation
• You will promptly notify us of any unauthorized use of your account
• You accept responsibility for all activities that occur under your account

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services.

5. User Content

You retain ownership of all content you submit to our Services, including journal entries, photos, and other materials ("User Content"). By submitting User Content, you grant StoryBound a perpetual, worldwide, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit the User Content solely for the purpose of providing, improving, and promoting our Services.

This license includes the right to store and back up your content, display your content back to you within the Services, and process your content to provide our Services. We will never use your personal User Content for marketing or advertising, or share it with third parties without your explicit consent, except as required by law.

You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• Your User Content does not infringe any third-party intellectual property rights or privacy rights
• Your User Content does not contain any harmful, illegal, defamatory, or offensive material
• Your User Content complies with all applicable laws and regulations

6. Intellectual Property Rights

Unless otherwise indicated, the Site and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

7. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

• Use the Site for any illegal purpose or in violation of any laws
• Make improper use of our support services or submit false reports of abuse or misconduct
• Attempt to impersonate another user or person
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering tools
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Attempt to gain unauthorized access to our systems or other users' accounts
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site
• Harass, abuse, or harm other users
• Use the Site to compete with us or for any revenue-generating endeavor without our written consent
• Upload viruses, malware, or any harmful code
• Scrape, copy, or redistribute our content without permission
• Circumvent any security features or access restrictions
• Create multiple accounts to evade restrictions or bans

8. Third-Party Services

The Site may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content.

If you decide to leave the Site and access Third-Party Websites or to use Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website to which you navigate from the Site.

Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.

9. Site Management

We reserve the right, but not the obligation, to:

• Monitor the Site for violations of these Terms of Use
• Take appropriate legal action against anyone who violates the law or these Terms of Use
• Refuse, restrict access to, limit the availability of, or disable any of your User Content or any portion thereof
• Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site or Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and Services are hosted in the United States.

If you access the Site or Services from the European Union, Asia, or any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

11. Medical Disclaimer

StoryBound apps are not medical services and do not provide medical advice. The Services are for personal journaling and memory-keeping purposes only. Always consult with qualified healthcare providers for medical advice, diagnoses, or treatment. We are not responsible for any decisions or actions you take based on information provided through our Services. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

12. Disclaimers

The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to this Site and we will assume no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content and materials
• Your access to and use of the Site
• Any unauthorized access to or use of our secure servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Site
• Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party
• Any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website.

13. Limitation of Liability

To the maximum extent permitted by law, in no event will StoryBound Tech LLC, its officers, directors, employees, agents, suppliers, or licensors be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Site or Services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Site or Services
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site or Services by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content
• User content or the defamatory, offensive, or illegal conduct of any third party

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the last twelve (12) months, or one hundred dollars ($100), whichever is greater.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees, licensors, and suppliers, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site or Services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

15. Governing Law

These Terms of Use and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and to be entirely performed within the State of Maryland, without regard to its conflict of law principles.

16. Dispute Resolution

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both available at www.adr.org.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Maryland.

If for any reason a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Maryland, and the parties hereby consent to jurisdiction in such courts.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: no arbitration shall be joined with any other proceeding; there is no right or authority for any dispute to be arbitrated on a class-action basis; and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You waive your right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

Exceptions to Arbitration

The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration:

• Any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party
• Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
• Any claim for injunctive relief

17. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site or Services. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and Services to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

We may terminate your use or participation in the Site and Services or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Services.

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance.

19. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

20. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

21. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond our reasonable control.

22. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site or Services.

23. Contact Information

In order to resolve a complaint regarding the Site or Services or to receive further information regarding use of the Site or Services, please contact us at: