Terms of Service

Last Updated: Feb 5, 2025

IF YOU HAVE NOT OTHERWISE EXECUTED A SEPARATE WRITTEN SUBSCRIPTION AGREEMENT WITH US, PLEASE READ THESE TERMS OF SERVICE (THE "TERMS") AND OUR PRIVACY NOTICE("PRIVACY NOTICE") CAREFULLY BECAUSE THEY GOVERN YOUR ("YOU", "YOUR", "CUSTOMER") USE OF THE WEBSITE LOCATED AT WWW.STORYPATH.AI(THE "SITE") AND THE SERVICES, INCLUDING AI-ASSISTED SERVICES OFFERED BY BREVIT3, INC. D/B/A "STORYPATH" ("WE", "US", "OUR", "STORYPATH").

1. Definition

Key defined terms include: "Aggregate Data" (deidentified derived data), "Authorized Users" (designated employees/contractors), "Customer Materials" (information submitted through Services), "Documentation" (manuals and training materials), "StoryPath IP" (Services, software, algorithms, and all intellectual property), "Intellectual Property Rights," "Order Information," "Person," and "Services" (StoryPath's SaaS platform including AI-Assisted Services).

2. Services: Access and Use

StoryPath grants Customer a limited, non-exclusive, non-transferable right to access and use the Services during the Term for internal business purposes. This section covers use of Services, StoryPath Materials, restrictions on use, information security obligations, Authorized Users, AI-Assisted Services (including Input and Output terms), agency accounts, and support (available weekdays 9am-5pm PT via support@StoryPath.ai).

3. Fees and Payment

Customer pays fees as set forth in applicable Order Information. Payments are in U.S. dollars, non-refundable. Late charges accrue at 1.5% per month. Customer is responsible for all applicable taxes.

4. Customer Materials and Data

Customer retains ownership of Customer Materials. Customer grants StoryPath licenses to use Customer Materials for providing Services and related internal operations. Customer warrants it has necessary rights and licenses. Includes terms regarding AI Inputs and Outputs and the Data Processing Addendum.

5. Confidential Information

Defines Confidential Information and establishes obligations for its protection. The Receiving Party must maintain strict confidence and limit use to performing obligations under the Agreement.

6. Feedback

Customer grants StoryPath a perpetual, irrevocable, royalty-free license to use all Feedback in connection with StoryPath's business purposes.

7. Third-Party Websites, Resources, and Services

StoryPath provides access to third-party resources as a convenience only. Customer assumes all risk from use of third-party resources and is responsible for maintaining Third-Party Services and associated licenses.

8. Term and Termination

Term begins on the effective date and continues per Order Information. StoryPath may suspend or terminate access at any time. Customer may cancel by emailing support@StoryPath.ai. Certain sections survive termination.

9. Warranty Disclaimers

THE SERVICES AND STORYPATH MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. STORYPATH DISCLAIMS ALL IMPLIED WARRANTIES. Customer acknowledges AI-Assisted Services Output may contain inaccuracies and is solely responsible for evaluating Output.

10. Indemnity

StoryPath will defend Customer against claims alleging authorized use of Services infringes third-party IP rights, subject to exclusions. Customer will defend StoryPath against claims arising from Customer Materials, products, or unauthorized use of Services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORYPATH WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. TOTAL LIABILITY IS LIMITED TO AMOUNTS PAID FOR SERVICES OR $100.

12. Governing Law and Forum Choice

Governed by California law. Exclusive jurisdiction in the Southern District of California.

13. General Terms

Covers reservation of rights, entire agreement, assignment restrictions, notices, waiver of rights, subcontracting, and contact information (terms@storypath.ai).

Attachment 1 – Data Processing Addendum

The DPA reflects the parties' commitment to abide by Data Protection Laws concerning Customer Personal Data. It covers documented instructions, subprocessor authorization, confidentiality, personal data inquiries, cross-border transfers (including EU Standard Contractual Clauses), security incident notification, audits, data deletion, and CCPA-specific terms.

Exhibit A to the Data Processing Addendum

StoryPath implements commercially reasonable technical and organizational measures including: information security policy, employee training, access controls, logical separation, encryption in transit and at rest, password management, incident response plan, backup systems, and disaster recovery plans.