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General terms of use

Introduction

HIGHLIGHT SARL (« Société », « nous », « notre », « nos », « HIGHLIGHT») is the publisher of StorytoDoc a standard software solution in Software As A Service (Saas) that creates and update user product documentations in videoformat, (collectivement, le « Service »).These Terms of Use (“Terms of Use”) govern Customer’s use of our webpages located at: https://storytodoc.ai operated by HIGHLIGHT SARL.Our Privacy Policy also governs Customer's use of our Service and explainshow we collect, protect and disclose information resulting from your use of ourweb pages. Please refer to: Highlight_Appendix 1_Data Processing AgreementV062024.

Your contract with us includes these Terms and our Privacy Policy(“Agreements”). You acknowledge that you have read and understood theAgreements, and agree to be bound by them. If you do not agree with (orcannot comply with) the Agreements, you may not use the Service, but pleaselet us know by sending an email to contact@storytodoc.ai so that we can try to find a solution. These Terms apply to all visitors, users and others who wish toaccess or use the Service.

“Client” means the person or entity (other than HIGHLIGHT) who has agreedto be bound by the Contracts. By using StorytoDoc, you belong to one or moreof the following user categories:“Site Visitors” are users of our web pages.“Freemium Version” use the version of our product.“Freemium Version Users” use the Freemium Version version of our product.Freemium Version users have access to a more limited set of features andfunctionality than authorized users.“Authorized Users” use our product as part of a paid subscription planpurchased by Customer who has separately entered into Agreements withHIGHLIGHT governing access to and use of the product and allowing suchCustomer to create and configure StorytoDoc so that Authorized Users cansubscribe to it. As an Authorized User, you have access to the Service througha StorytoDoc Client.

Communications

By creating an account on our Service, you agree to subscribe to newsletters,marketing or promotional materials and other information that we may send. However, you may choose to no longer receive any or all of these communications from us by following the unsubscribe link or sending an emailto contact@storytodoc.ai.

Purchases

 If you wish to purchase any service made available through the Service(“Purchase”), you may be asked to provide certain information relevant to your Purchase including, without limitation, your number. credit card, your creditcard expiration date, your billing address and your shipping information.You represent and warrant that: (i) you have the legal right to use any creditcard(s) or other payment method(s) in connection with a Purchase; and that (ii)the information you provide to us is true, correct and complete.We may use third-party services to facilitate payment and completion of purchases. By submitting your information, you grant us the right to provide it to these third parties subject to our Privacy Policy.We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, availability of the Service, errors in the description or price of the Service, an error in your order or other reasons.We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Certain parts of the Service are billed on a subscription basis(“Subscription(s)”). You will be billed in advance on a recurring and periodicbasis (“Billing Cycle”). Billing cycles are set on a monthly, quarterly, orannual basis, depending on the type of subscription plan you select whenpurchasing a subscription.At the end of each billing cycle, your subscription will automatically renewunder the same conditions, unless you cancel it or HIGHLIGHT SARL cancelsit. You can cancel your subscription renewal either through your online account management page or by contacting the HIGHLIGHT SARL customersupport team.A valid payment method, including credit card, is required to process paymentfor your subscription. You must provide HIGHLIGHT SARL with accurate and complete billing information, including full name, commercial registernumber and intra-community VAT number, address, state, postal code,telephone number and information valid on the payment method. Bysubmitting this payment information, you automatically authorizeHIGHLIGHT SARL to charge all subscription fees incurred through your account to these payment instruments. If automatic billing fails for any reason,HIGHLIGHT SARL will issue an electronic invoice indicating that you mustproceed manually, within a certain period, with full payment corresponding to the billing period indicated on the invoice.

Free Trial

HIGHLIGHT SARL may, at its sole discretion, offer a Subscription with a freetrial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for FreeTrial, you will not be charged by HIGHLIGHT SARL until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, HIGHLIGHT SARL reserves the right to (i)modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Change

HIGHLIGHT SARL, in its sole discretion and at any time, may change the subscription fees for subscriptions. Any changes to subscription fees will take effect at the end of the current billing cycle.HIGHLIGHT SARL will provide you with reasonable notice of any change in subscription fees to give you an opportunity to cancel your subscription before such change becomes effective. Your continued use of the Service after the Subscription Fee change becomes effective constitutes your agreement to pay the changed Subscription Feeamount

Refunds

Unless required by law, subscription fees paid are non-refundable

Content

Our Service allows you to post, link to, store, share and otherwise make available certain information, text, graphics, videos or other materials(“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.When you or another Authorized User submits Content or information to theService, you acknowledge and agree that, as between HIGHLIGHT andCustomer, the Content is controlled by Customer and that this Agreement provides Customer with choices and control over that Content. Content.Customer may manage permissions, enable or disable third-party integrations,and/or consolidate Content within the workspace, which may result in access,use, disclosure, modification, or deletion of content. part or all of the Content.Freemium Version Users retain ownership of the Content they submit to theService. Content submitted to the Service by Authorized Users is owned and controlled by Customer in accordance with the Agreements.By posting Content on or through the Service, you represent and warrant that:(i) the Content is proprietary and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms , and (ii) that theposting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any personor entity. We reserve the right to terminate the account of anyone who infringes any copyright.You retain all of your rights to any Content that you submit, post or display onor through the Service, and you are responsible for protecting those rights. Wetake no responsibility for Content that you or any third party posts on orthrough the Service.In addition, content found on or through this service is the property ofHIGHLIGHT SARL, or used with permission. You may not distribute, modify,transmit, reuse, download, republish, copy or use such content, whether inwhole or in part, for commercial purposes or for personal use, without ourexpress prior written permission.

Prohibited uses

You may only use the Service for lawful purposes and in accordance with theTerms. You agree not to use the Service: (a) in any way that violates anyapplicable national or international law or regulation. (b) For the purpose ofexploiting, harming or attempting to exploit or harm minors in any way byexposing them to inappropriate content or otherwise. (c) To transmit or procurethe sending of any advertising or promotional material, including any “junkmail,” “chain letter,” “spam” or any other similar solicitation. (d) Toimpersonate or attempt to impersonate the Company, a Company employee,another user or any other person or entity. (e) In any way that infringes therights of others, or in any way that is unlawful, threatening, fraudulent orharmful, or in connection with any unlawful, illegal, fraudulent or harmfulpurpose or activity. (f) To engage in any other conduct that restricts or inhibitsanyone's use or enjoyment of the Service, or which, as determined by us, mayharm or offend the Company or users of the Service or expose them to liability.Additionally, you agree not to: (a) use the Service in any manner that coulddisable, overburden, damage, or impair the Service or interfere with any otherparty's use of the Service, including their ability to use the Service. engage inreal-time activities through the Service. (b) Use any robot, spider or otherautomatic device, process or means to access the Service for any purpose,including monitoring or copying any of the material on the Service. (c) Use anymanual process to monitor or copy any material on the Service or for any otherunauthorized purpose without our prior written consent. (d) Use any device, software or routine that interferes with the proper working of the Service. (e)Introduce viruses, Trojan horses, worms, logic bombs or other material whichis malicious or technologically harmful. (f) Attempt to gain unauthorizedaccess to, interfere with, damage or disrupt any part of the Service, the serveron which the Service is stored, or any server, computer or database connectedto the Service. (g) Attacking the Service via a denial-of-service attack or adistributed denial-of-service attack. (h) Take any action that may damage orfalsify the Company's rating. (i) Otherwise attempt to interfere with the properworking of the Service

Analytical

We may use third party service providers to monitor and analyze the use of ourService.

Accounts

When you create an account with us, you warrant that you are over 18 years ofage and that the information you provide to us is accurate, complete andcurrent at all times. Inaccurate, incomplete or out-of-date information mayresult in immediate termination of your account on the Service. You areresponsible for maintaining the confidentiality of your account and password,including, but not limited to, restricting access to your computer and/oraccount. You agree to accept responsibility for all activities or actions thatoccur under your account and/or password, whether your password is with ourService or a third-party service. You must notify us immediately uponbecoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity, or that isnot lawfully available for use, a name or trademark that is subject to any rightsof another person. or entity other than you, without appropriate authorization.You may not use an offensive, vulgar or obscene name as a username. Wereserve the right to refuse service, terminate accounts, remove or edit content,or cancel orders in our sole discretion.

Intellectual property rights

The software is owned by HIGHLIGHT. HIGHLIGHT may protect its rights inthe event of a violation of this Agreement. Customer acknowledges that thisAgreement does not confer any title or ownership in the Software, does not confer any rights in the associated source code and will not be construed as a sale of rights.
Access to the Software is granted to the Client in the form of a unique, nonexclusive and non-transferable right of use, excluding any source or objectcode. In particular: the Client will not be authorized to make any copies of allor part of the Software. The Customer will not transfer to a third party all orpart of the Software or its access, provided by HIGHLIGHT in execution of aService. The Customer must not modify the Software, in particular by reverseengineering, alter, adapt, including by translation, all or part of the Software.
The Customer must not, temporarily or permanently, sell, sublicense, rent,distribute by any means whatsoever, all or part of the Software, or access to it,which may be provided by HIGHLIGHT in execution of this Agreement.
HIGHLIGHT reserves the right to make available, whenever it deemsappropriate, new versions of the Software, new offers delivered via itsSoftware, updates or upgrades, in accordance with its standard prices. Thelicense provided for in this Agreement does not give the right to benefit fromnew versions of the Software free of charge or at preferential rates. Any new functionality of the Software will be subject to payment.
Customer data belongs to the customer. The Customer represents and warrants that it owns all rights to the data necessary for the execution of this Agreementand any content integrated into the Software or the Service and that it will notuse them in connection with the Software or the Service. Service. any illicitcontent or likely to infringe public order, the rights of third parties and moregenerally not to use the Software or the Service to commit any illicit act, andguarantees on first request WARNING against any damage that would resultfrom any third party claim for breach of this warranty.
If HIGHLIGHT's performance of the Services involves HIGHLIGHT's use of any Customer software, technology or know-how, Customer hereby grantsHIGHLIGHT an irrevocable, transferable, non-exclusive, royalty-free licenseto use such technology , know-how. or software during the term of the Contract.
Customer grants HIGHLIGHT a non-exclusive, worldwide, royalty-free license to use, copy, create derivative works from, distribute, display, disclose,perform and transmit Customer Data and Customer's pre-existing copyrightedworks. customer or other intellectual property rights necessary forHIGHLIGHT to fulfill its obligations under this Agreement and to create andupdate the Deliverables.HIGHLIGHT sells, assigns and transfers to the Client the intellectual propertyrights in the Deliverables in accordance with the terms and conditions of this Agreement:-The right to use, distribute, license and exploit the Deliverables in any formand for any purpose (commercial or non-commercial)-The right to reproduce the Deliverables by any means and on any type ofmedia-The right to present the Deliverables by any means and on any media-The right to create copies and derivative works based on the Deliverables,including, without limitation, the right to modify the Deliverables, translate the Deliverables or include the Deliverables in other works and exploit such worksderived for any purpose (commercial or non-commercial).

Intellectual property infringement

If the Deliverables are found to infringe the intellectual property rights of thirdparties and provided that Customer promptly notifies HIGHLIGHT in writingof the third party's claim and provides HIGHLIGHT with all reasonableassistance and information requested by HIGHLIGHT in connection with thisclaim, HIGHLIGHT may, at its discretion and expense, but without obligationto achieve a defined result, take actions such as (i) obtaining for the Customerthe copyright, trademark or patent rights or licenses that may be necessary touse the Deliverables or (ii) replace or modify the Deliverable to make it noninfringing. Customer shall indemnify and hold HIGHLIGHT harmless fromany liability or damages that HIGHLIGHT may incur in connection with anysuch allegedly infringing Deliverable used by Customer after HIGHLIGHT hasprovided the non-infringing alternative.If, as a result of HIGHLIGHT's use of or access to any software, technology,system, know-how or other information or materials that Customer provides orrequests HIGHLIGHT to use or to analyze, a claim is filed or lodged againstHIGHLIGHT for violation of or illegal access to third party intellectualproperty rights, or if such claim arises from HIGHLIGHT's compliance withClient's instructions, Client s undertakes, without prejudice to HIGHLIGHT'sother rights and remedies, in court or otherwise, to defend any suit orproceeding brought against HIGHLIGHT and to fully indemnify and holdHIGHLIGHT harmless from any liability, damages awarded or payments madein settlement of any claim against such third party and all costs, losses,expenses and fees (including attorneys' fees) incurred by HIGHLIGHT inconnection therewith.

Error reporting and comments

You may provide us directly at contact@storytodoc.ai with information andfeedback regarding errors, suggestions for improvements, ideas, problems,complaints and other matters related to our Service (“Feedback”). Youacknowledge and agree that: (i) you shall not retain, acquire or assert anyintellectual property right or other right, title or interest in or to the Feedback;(ii) the Company may have development ideas similar to the Comments; (iii)The Comments do not contain confidential or proprietary information of you orany third party; and (iv) the Company is not subject to any obligation ofconfidentiality with respect to the Comments. In the event that the transfer ofownership of the Comments is not possible due to applicable mandatory laws,you grant to the Company and its affiliates an exclusive, transferable,irrevocable, royalty-free, sublicensable, unlimited and perpetual right use(including copying, modify, create derivative works, publish, distribute andcommercialize) the Comments in any manner or for any purpose.

Links to other websites

Our Service may contain links to third-party web sites or services that are notowned or controlled by HIGHLIGHT SARL. HIGHLIGHT SARL has nocontrol over, and assumes no responsibility for, the content, privacy policies, orpractices of any third party web sites or services. We do not guarantee theofferings of any of these entities/individuals or their websites. YOUACKNOWLEDGE AND AGREE THAT HIGHLIGHT SARL. SHALL NOTBE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE ORLOSS CAUSED OR ALLEGED TO BE CAUSED BY OR INCONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCHCONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGHANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLYADVISE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIESOF ANY THIRD-PARTY WEBSITE OR SERVICE THAT YOU VISIT.

Disclaimer of warranty

HIGHLIGHT does not warrant that the operation of the Software will be uninterrupted or error free or that it will conform to any reliability orperformance standards beyond those specified. HIGHLIGHT also makes no warranty that the Software will be compatible with future HIGHLIGHTproducts or those of other vendors.
The Customer acknowledges that the Software has not been produced to meet its individual requirements and accepts responsibility for the selection of theSoftware to achieve its intended results.
Under no circumstances will HIGHLIGHT be held responsible for damagecaused by the use of the Software or the Service, in particular loss of data orresulting from unavailability of the Software or the Service.HIGHLIGHT does not guarantee that Client will obtain any specific results orperformance resulting from the performance of the Services and HIGHLIGHT disclaims any warranty in this regard.
The above warranties will not apply to non-conformities resulting fromimproper or inadequate servicing, site preparation, installation, repair ormaintenance, calibration carried out by the Customer or a third party notauthorized by HIGHLIGHT; the violation by the Customer of this Agreement;Hardware or software, interface or supplies provided by the customer or a thirdparty; unauthorized modification; improper use or operation of the Software orany part thereof, or Customer's failure to comply with applicableenvironmental specifications; abuse, neglect or accident.

THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHERWARRANTIES, WRITTEN OR ORAL, ARE EXPRESSED OR IMPLIED.TO THE EXTENT PERMITTED BY LOCAL LAW, HIGHLIGHTSPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT

Limitation of liability

Under no circumstances will HIGHLIGHT, its subcontractors, or suppliers beliable for special, incidental, indirect, consequential damages, downtime costs,loss of data, restoration costs, lost profits or loss of income. Additionally,HIGHLIGHT, its contractors or suppliers will not be liable for any damagesrelated to Customer's or any end user's network or operating environment, useor inability to use its network or its operating environment. These limitationsapply regardless of whether such claims are based in contract, tort, warranty orany other legal theory, even if we are advised of the possibility of suchdamages. It will be up to the Customer to sign all maintenance contracts and inparticular to establish any data backup procedure.
HIGHLIGHT's liability to Customer is limited to the total amount paid(including amounts payable to HIGHLIGHT) by an Authorized User under thisAgreement during the immediately preceding twelve (12) months. This clausewill be considered essential and a condition precedent to HIGHLIGHT'sagreement to enter into this Agreement and any subscription to the Software.The remedies provided in this Agreement are Customer’s sole and exclusive remedies.
The Customer undertakes to compensate HIGHLIGHT for any damageresulting from a claim and resulting from a violation of this Contract.Any claim by the Client against HIGHLIGHT related to the performance of theServices will be null and void due to limitation if it has not been made toHIGHLIGHT in writing within three (3) months from the date of the finalinvoice relating to the Services.

Termination

We may terminate or suspend your account and bar access to the Serviceimmediately, without prior notice or liability, in our sole discretion, for anyreason whatsoever and without limitation, including but not limited to aviolation of the Terms . If you wish to terminate your account, you can simplystop using the Service. All provisions of the Terms which by their natureshould survive termination shall survive termination, including, withoutlimitation, ownership provisions, warranty disclaimers, indemnity andlimitations of responsibility.

Applicable law

This Agreement and any subsequent orders for Additional Services will begoverned and construed in accordance with the laws of France, excluding its conflict of law rules for European customers, and the laws of Switzerland fornon-European customers.
Any dispute arising out of or in connection with this Agreement and/or thePurchase Order for Services entered into hereunder, including, but not limitedto, any question regarding its existence, validity or termination, which cannotbe settled amicably by the parties within thirty days. The thirty (30) daysfollowing its notification by one party to the other will be subject to theexclusive jurisdiction of the competent courts within the jurisdiction of theParis Court of Appeal for European Clients and the Geneva Court for nonEuropean Clients.

Service Changes

We reserve the right to withdraw or modify our Service, and any services ormaterials we provide through the Service, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restric taccess to certain parts of the Service, or the entire Service, to users, including registered users.

Changes to Terms
We may modify the Terms at any time by posting the modified Terms on thisSite. It is your responsibility to review these Terms periodically. Yourcontinued use of the Platform following the posting of revised Terms meansthat you accept the changes. You should check this page frequently so you areaware of any changes, as they are binding on you. By continuing to access oruse our Service after any revisions become effective, you agree to be bound bythe revised terms. If you do not agree to the new terms, you are no longerauthorized to use the Service.

Waiver and severability

No waiver by the Company of any term or condition set forth in the Termsshall be deemed a further or continuing waiver of such term or condition or awaiver of any other term or condition or assert any right or provision in under the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to beinvalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent so that the remaining provisions ofthe Terms will remain in full force and effect.

Reconnaissance

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US,YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OFUSE AND AGREE TO BE BOUND BY THEM. Contact usPlease send your feedback, comments and requests for technical support to contact@storytodoc.ai.

Dernière mise à jour : 2024-06-03