Terms And Conditions Of Service (User Agreement) (Effective Date: March 31, 2021)

 

 

InAppStory Inc

 

InAppStory Inc, (228 Park Ave S, PMB 68212, New York, New York 10003-1502 US) incorporated under the laws of USA in Delaware (“InAppStory”) hereinafter referred to as the Right Holder addresses this Agreement (hereinafter referred to as the Agreement) to the following persons: uncertain category of persons, users, clients and visitors of the website https://inappstory.com, including the users who submitted an application or registered at https://inappstory.com. Any individual who is the addressee of this Agreement shall be recognized as the User if he/she agrees with all the terms of the Agreement presented below.

 

1. Definitions

1.1. The terms of the Agreement regulate the relationship between the Copyright Holder and the User and include the following definitions:

1.1.1. Offer – the given document (Agreement) that is placed on the Internet at the website: https://inappstory.com/offer

1.1.2. Acceptance – full and unconditional acceptance of the Offer by performing the actions specified in clause 3.1 of the Agreement.

1.1.3. Copyright Holder – InAppStory Inc, (228 Park Ave S, PMB 68212, New York, New York 10003-1502 US) incorporated under the laws of USA in Delaware (“InAppStory”), that placed the current offer.

1.1.4 Website - a sum of web-pages placed on the virtual server on the Internet at the website https://inappstory.com (hereinafter referred to as Website)

1.1.5. Content – all types of information available on the Website, including text, design elements, graphics, audio and video files. The Content is divided into the main -  content for users -  and supporting, or administrative content created by the Copyright Holder in order to ease the operation of the website, including the Website interface.

1.1.6. Simple (non-exclusive) licence - the User’s non-exclusive right to use the intellectual property specified in clause 2.1 of the Agreement, with the Copyright Holder retaining the right to issue licences to other persons.

1.1.7. Personal area – a virtual instrument of the Copyright Holder personal self-service, located on the official website: https://inappstory.com.

1.1.8. User’s personal account – a unique login and password to access the personal area.

 

2.  Subject of the Agreement

2.1. The Agreement determines the procedure and conditions for the use of the intellectual property, including the Website content elements posted on the Internet at: https://inappstory.com (hereinafter referred to as Website) as well as responsibility of the Parties and other special features of the Website operation, APIs (Application Programming Interfaces), SDKs (software development kits) and the relationship between the User and the Copyright Holder as well as between the different Users.

2.2. The Copyright holder guarantees that he is the copyright holder of the exclusive rights to the Website specified in clause 2.1 of the Agreement. 

 

3. Consent to the conditions of the Agreement

3.1. The Acceptance (of the Offer) is implied by the User’s Account Registration. 

3.2. When taking actions to accept the Offer according to clause 3.1. of the Agreement, the User guarantees that he has read, agreed with, fully accepted all the conditions of the Agreement and undertakes to comply with them.

3.3. Hereby, the User confirms that the Acceptance (taking actions to accept the Offer) is tantamount to the signing as well as conclusion of the Agreement under the conditions presented in the current Agreement.

3.4. The Offer shall enter into force from the moment of its posting on the Internet at https://inappstory.com/offerand remains valid until the revocation of the Offer.

3.5. The current Agreement is presented in writing on the Website.  If necessary, any individual can see the paper form of the Agreement in the Copyright Holder office upon enquiry. 

3.6. The Agreement can only be accepted as a whole entity. As soon as terms and conditions of the Agreement are accepted by the User, the Agreement enters into force as the Agreement concluded between the Copyright Holder and the User, the paper-based contract signed by the two parties is not made. 

3.7. To organise the interaction between the Copyright Holder and the User, the Copyright Holder shall register the User’s Personal Account as follows:

 

  • If the User wishes to use the service, he/she has to enter his/her e-mail in the appropriate form and request an invitation to be sent to the e-mail.

By pressing the “Get started” / “Try now” / “Get demo” / “Contact sales” button on any page at Website, the User accepts the Privacy policy. After that, a letter is sent to the given e-mail, with an invitation to use the personal link and activate the User’s account (the User shall accept the Privacy policy in the received letter).

  • Then, the User gets to Personal Account creation page. In order to register on the Website an individual should enter the following information:

- First Name

- Last Name (optional)

- Name of the website/ application (the one that requires the activation of the access)

- Create a password 

 

  • The registration on the Website for legal entities requires the following information:

- Company Name

- TIN (Taxpayer Identification Number)

- Country of residence

- Payment currency 

- City

- Correspondence address

- Postcode

 

  • When saving the data under the button ‘Upon pressing the Save button’, the User unconditionally accepts the Privacy policy’, the  User gets access to the personal area interfaces and can subscribe to the expanded access based on one of the rate plans. In order to do that, the User has to choose one of the subscriptions in the personal area as well as a method of payment (by credit card or invoice). When choosing the invoice option, the client sees the newly formed invoice in the preview mode and “Issue the invoice” button. Above the button there is a check-box ‘I confirm that I accept the conditions of the Offer’ wth a hyperlink to the Offer. When choosing ‘pay by credit card’ option, the User is transferred to the payment widget for entering credit card details.  Above the ‘Pay’ button there is a check-box: ‘I confirm that I accept the conditions of the Offer’.

 

3.8. In the Personal area of the User the information is provided in compliance with the clause 3.7. of the current Agreement.

3.9. The Copyright Holder reserves the right to make changes to the current Agreement without any specific notice. Thereupon, the User is obliged to check regularly if any modifications have been made in the Agreement provided on the Website. New edition of the Agreement comes to force as soon as it is published on the current page unless another rule is prescribed by the new edition of the Agreement. The up-to-date version of the Agreement is always located on this page at: https://inappstory.com/offer

 

4. Rights and obligations of the parties

4.1. The copyright holder is obliged to:

4.1.1. Within 15 (fifteen) calendar days from the receiving of the appropriate written notification from the User, eliminate any drawbacks or failures of the Website, identified by the User, which are:

- any discrepancies between the Website content and the data specified in clause 2.1. of the Agreement

- any materials, published on the Website, that are prohibited for circulation by legislation.

4.1.2. Refrain from any actions that might impede the User from exercising his right to use the Site to the extent permitted by the Agreement.

4.1.3. Provide information on how to work with the Website by means of an e-mail, forum, blog or messengers. Up-to-date e-mail addresses are listed at the section (‘NAME the section’) of the site at: https://inappstory.com/legal

4.1.4. Register personal account for the User as prescribed by the current Agreement.

4.1.5. Use all personal data and other confidential information about the User only for the provision of services in accordance with the Agreement and not to transfer to the third parties the documentation and information about the User held by him/ her.   

4.1.6. Ensure the confidentiality of information entered by the User when using the Website through the User’s personal account, with the exception of cases of posting such information in public sections of the Website (such as chat rooms, for instance).

4.1.7. Advise the User on all issues relating to the Website. The complexity of the issue, the volume, and the timing of the consultation are determined in each case by the Copyright Holder independently.         

4.2. The User is obliged to:

4.2.1. Use the Website only within the limits of those rights and in the ways provided for in the Agreement.

4.2.2. When registering in the account, provide real, not fictitious, information. In the event that the submitted information is unreliable, as well as if the Copyright Holder has reasonable doubts about their reliability (including, if the specified contact information will turn out to be non-existent), the Copyright holder has the right to unilaterally terminate relations with the User, delete the User’s account and block access to the intellectual property.       

4.2.3. Keep confidential and not disclose to any third parties the information about his/her password that gives access to the User’s Personal Account. In the event that such information for one reason or another becomes known to the third parties, the User is obliged to change it immediately.

4.2.4. Strictly adhere to and not violate the terms of the Agreement, as well as to ensure the confidentiality of commercial and technical information received in cooperation with the Copyright Holder.

4.2.5. Refrain from copying in any form, as well as from alteration, addition, distribution of the Website, the Website Content (or any part of it), as well as refrain from creating derivative objects on its basis without the prior written permission from the Copyright Holder. 

4.2.6. Never use any devices or computer programmes to intervene or try to intervene in the process of the normal functioning of the Copyright Holder’s Website.

4.2.7. Immediately inform the Copyright Holder of all known facts of the illegal usage by the third parties of the Intellectual Property of the Website.

4.2.8. Use the Website without violating the property and / or personal non-property rights of third parties, as well as the prohibitions and restrictions established by the applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin rights, industrial designs, rights to use images of people.     

4.2.9. Avoid publishing and transferring of materials that are illegal, indecent, defamatory, threatening, obscene or hostile as well as containing signs of harassment, racial or ethnic discrimination, urging the actions that can be considered as criminal offence or 

violation of any legislation as well as regarded as unacceptable for some other reasons, materials propagating cult of violence and cruelty or containing obscene language.

4.2.10. Never distribute any advertising materials by means of personal messages to other Users without their prior consent to receive these materials (SPAM).

4.2.11. Perform any other duties provided for by the Agreement. 

4.3. The Copyright Holder is entitled to:

4.3.1. Suspend or terminate the User’s registration and access to the Website in case he/ she reasonably suggests that the latter conducts any illegal activities. 

4.3.2. To collect data about Users’ preferences and their methods of the Website exploitation (mostly used functions and tools, settings, preferable time and duration of the Website visits etc.) except for the personal data, for the improvement of the Website performance, diagnostics of the Website and prevention of any Website errors or failures.

4.3.3. Request from the User additional information about his position and occupation, including the company he represents, when registering his personal account or at any other time. The Copyright Holder has the right to refuse the Website usage to the User (up to deleting the User’s Personal Account) or restrict its use at his own discretion, if he is not an employee of the company or representative of the person for whom the Website is intended, or if the User refuses to provide the requested information. The Copyright Holder, at his discretion, has the right to provide limited access to the Website for the purpose of familiarising to other persons who are not engaged in primary activities. 

4.3.4 To amend unilaterally the Agreement by issuing its new editions.

4.3.5. To delete the User’s content upon request from the proper authorities or any interested parties in the event that the given content violates the law or any rights of the third parties.

4.3.6. Temporarily terminate the operation of the Website, as well as partially restrict or completely terminate access to the Website until the completion of the necessary maintenance and (or) its modernisation. The user does not have the right to demand compensation for losses for such a temporary cessation of services or limitation of the Website availability.

4.4. The User has a right to:

4.4.1. Use the Website within limits and methods prescribed by the Agreement.

4.5 The User has no right to accept the current Agreement in case he/ she has no legal right to use this Website in his/ her country of residence or has not reached the age required for the conclusion of the Agreement.

 

5. Terms and conditions of usage

5.1. Provided that the User implements the current Agreement, the User is granted a simple (non-exclusive) licence to use the Website by means of a personal computer, mobile phone or any other device in the amount and manner specified by the Agreement, without the right to provide sub-licences and assignments.

5.2. In accordance with the terms of the Agreement, the Copyright Holder grants the User the right to use the Website in the following ways:

5.2.1. To view the Website, familiarise with it, leave comments and other notes as well as implement other Website functionalities, including displaying it on the monitor (screen) of the appropriate User’s technical device.

5.2.2. To download the Website temporarily to the computer memory in order to use the Website and its functionality.

5.2.3. To qoute the elements of the user-generated content of the Website with the reference of the source of qouting, including the link to the URL-address of the Website.

5.2.4. Method of usage

5.3. When using the Website as well as any of its components, the User has no right to take actions listed below:

5.3.1. To modify or process the Website in any other way as well as translating it in other languages.

5.3.2. To copy, distribute or process materials or data posted on the Website unless it is necessary and caused by the implementation of the functionality available to him/ her as a specific User.           

5.3.3. To violate the integrity of the protection system  or perform any acts aimed at bypassing, removing or deactivating protection technologies; to use any program codes designed for distortion. deletion, damaging, imitation or violation the Website integrity, transmitted information or protocols.

5.4. Any rights that are not explicitly granted to the User by this Agreement are reserved to the Copyright Holder.  

5.5. The Site is provided by the Copyright Holder in the “As Is” (“AS IS”) state, without warranty obligations of the Copyright Holder or any obligation to eliminate defects, provide maintenance support or improvement.

5.6. As for the user-generated content, the User guarantees to be the owner or holds all necessary licences, rights, consents and permissions to use the content and grants to the Copyright Holder the right to use all user-generated content according to the current Agreement. Furthermore, he/ she has a consent in writing and/or a permission from every person who makes up a part of the user-generated content in some way, to use personal data (including images if necessary) of this person in order to post and use the user-generated content in the manner prescribed by the current Agreement.

5.7. By accepting the terms of the current Agreement, the User provides gratuitiously the Copyright Holder and other Users with a non-exclusive right (simple licence) to use the materials which the User adds (posts) to the Website in those sections available for all or most of the Users (i.e. chat rooms, discussions, comments etc). This rule and/ or permission to use the appropriate materials are provided concurrently with the presentation of the materials at the Website for the entire validity period of the non-exclusive rights for the objects of intellectual property or the protection of personal non-property rights for the given materials for their usage across the world.

 

6. Responsibility of the parties

6.1. The Copyright Holder does not accept any responsibility for the compliance of the Website with the purpose of use.

6.2. The Copyright Holder is not responsible for any technical faults or interruptions in the operation of the Website. Meanwhile, the Copyright Holder is obliged to take all reasonable measures to prevent such faults and interruptions.   

6.3. The Copyright Holder is not responsible for any actions of the User related to the granted rights for using the Website; for damage of any kind incurred by the User due to the loss and / or disclosure of his/ her data or in the process of using the Site.       

6.4. If any third party makes a claim to the Copyright Holder in connection with the User’s violation of the Agreement or applicable laws, the User’s violation of the rights of third parties (including intellectual property rights), the User shall compensate the Copyright Holder for all expenses and losses, including the payment of any compensation and other costs associated with such a claim.

6.5. The Copyright Holder is not responsible for the content of the messages or any materials posted by the Website Users (i.e. user-generated content) as well as for any opinions, recommendations or advice that the given content may contain. The Copyright Holder does not verify in advance the content, authenticity or security of the materials or their components as well as their compliance with the requirements of the applicable law or whether the User has the scope of the rights required for their use.

 

7. Dispute Resolution

7.1. The claim procedure for the pre-trial settlement of disputes arising from the current Agreement is binding on the Parties.

7.2. Claim letters are sent by the Parties by mail or registered mail with delivery confirmation to the address of the Party

7.3. Sending claim letters by the parties in a manner other than specified in clause 7.2 of the Agreement is forbidden.

7.4. The term for consideration of the claim letter is 15 working days from the date of its receiving by the addressee.

 

8. Legal addresses 

InAppStory Inc, (228 Park Ave S, PMB 68212, New York, New York 10003-1502 US) incorporated under the laws of USA in Delaware and branches in Saint-Petersburg (Limited liability Company “Mobil’naya periodika”) and Portugal (INAPPSTORY EUROPE UNIPESSOAL LDA)