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General Terms and Conditions

Story Chief NV – Software as a Service

Article 1 – Definitions

  • "Agreement" means every agreement entered into with STORY CHIEF regarding the Services.
  • "Confidential Information"includes any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. A party's Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party's full possession prior to the disclosure without any obligation of confidentiality and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on disclosure; (iv) is independently developed by the other party without the use of or reference to the other party's Confidential Information, as established by written records.
  • "Consumer-Customer"means any Customer – natural person who is acting for non-professional purposes.
  • "Customer" means any private or professional person who purchases services from STORY CHIEF, as well as anyone who acts in the name and for the account of an artificial person. Private customers are assumed to be at least 18 years of age.
  • "Customer Data" means all data, files, including hypertext markup language files, documents, audio and visual information, graphics, scripts, programs, applets, or servlets that the Customer creates, installs, uploads to, or transfers in or through the Services or provides in the course of using the Services, excluding the Customer Personal Data.
  • "Customer Personal Data" means all information about an identified or identifiable natural person processed by STORY CHIEF in its capacity of Data Controller.
  • "Authorized Users' Personal Data" means any Personal Data that is processed by STORY CHIEF (and its subprocessors) in its capacity of Data Processor on behalf of the Customer in relation to the Agreement.
  • "Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
  • "Data Processor" means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller.
  • "Data Protection Laws" means all applicable laws relating to the processing of Personal Data while it is in force and applicable to Personal Data, including the General Data Protection Regulation (Regulation (EU) 2016/679).
  • "General Terms and Conditions" means present general terms and conditions.
  • "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights, including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, patents, utility models, topography rights and rights in designs.
  • "Maintenance" means the general maintenance of the Services and the application of updates and upgrades.
  • "Offer" is an invitation by STORY CHIEF without any obligation to the Customer to place an order with regard to the Services.
  • "Order" means a confirmation, in either electronic or written form, by the Customer of the purchase of the Services.
  • "Personal Data"as defined by Article 4 (1) of the General Data Protection Regulation (Regulation (EU) 2016/679) means any information relating to an identified or identifiable natural person ("Data Subject").
  • "Professional Customer" means any Customer who is acting for professional purposes.
  • "Services" means the software and infrastructure in a hosted environment provided and maintained by STORY CHIEF to which the Customer is being granted access under the General Terms and Conditions via the Website.
  • "Software As A Service" or "SaaS" means the combined software, hosting, and support services provided in the Agreement.
  • "STORY CHIEF" is a private limited liability company STORY CHIEF NV, having its registered office at Visserij 43p, 9000 Ghent, Belgium, VAT BE 0644.941.221, RPR Ghent, department Ghent.
  • "Subprocessor"means any person (excluding an employee of STORY CHIEF or an employee of any of its sub-contractors) appointed by or on behalf of STORY CHIEF to process Authorized Users' Personal Data on behalf of the Customer.
  • "Authorized User(s)"means Customer's employees, representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied with user identifications and passwords by Customer or on Customer's behalf.
  • "Website" means the STORY CHIEF website with the URL https://storychief.io, the STORY CHIEF web application https://app.storychief.io/ or any other website / web application designated by STORY CHIEF.

Article 2 – General Provisions

2.1 Unless otherwise agreed in writing, these General Terms and Conditions shall apply to every Offer made by STORY CHIEF, every Order of the Customer, and every Agreement entered into between STORY CHIEF and its Customers.

2.2 These General Terms and Conditions may at all times be consulted on the STORY CHIEF Website with the URL https://storychief.io.

2.3 By ordering the Services of STORY CHIEF (including registration for the free trial period), the Customer acknowledges that he has read and accepts the General Terms and Conditions.

2.4 These General Terms and Conditions at all times take precedence over the terms and conditions of the Customer, even if the terms and conditions of the Customer stipulate that they apply exclusively. If STORY CHIEF fails to require the strict application of any of the provisions of these General Terms and Conditions, this cannot be considered a tacit waiver of these rights.

2.5STORY CHIEF reserves the right to change its General Terms and Conditions whenever it wishes to do so by a change on its website. Any such change will be announced within a reasonable term in advance by STORY CHIEF on its website, as well as through STORY CHIEF's communication to its Customers.

2.6 The nullity of one or more provisions in these General Terms and Conditions does not affect the applicability of all other provisions. In the event of the nullity of one of the provisions, STORY CHIEF and the Customer, as far as possible and according to their loyalty and conviction, will negotiate to replace the void provision with an equivalent provision.

2.7 These General Terms and Conditions do not affect the legal rights which are granted to the Consumer-Customer by law with respect to consumer protection.

Article 3 – Services

3.1 STORY CHIEF offers an online application that integrates various services that ensure more efficient content publishing for its customers. More specifically, the online Services facilitate online content publishing, distribution, and analysis, and consist among other things of the:

  • Universal Rich Content Editor
  • Distribution to multiple platforms/websites/communities and social media
  • API
  • Metrics gathering
  • Marketing AI Module
  • Team Collaboration Module
  • Curation Module
  • Invoicing
  • Scheduling Module

3.2 Subject to these General Terms and Conditions, STORY CHIEF agrees to provide Customer access to the Services.

3.3 Any new features that augment or enhance the Services, any new service subsequently purchased by Customer will be subject to these General Terms and Conditions.

3.4 STORY CHIEF has the right to change the offer and the composition of its Services (as well as its modules and/or features) whenever it decides to do so. It will at least ensure that the Customer is informed of this in advance within a reasonable term through an entry on its Website or through STORY CHIEF communication to existing Customers.

3.5The Services, as described in this article, on the Website or in the STORY CHIEF communication are made available on an "as is" basis. The Customer will, moreover, be entitled to benefit from a free trial period and may at all times request further information from STORY CHIEF in respect to this. The Customer, therefore, declares that he has been sufficiently informed about the contents and the scope of the Services.

3.6 In order to use the Services, the Customer must have or must obtain access to the World Wide Web, either directly or through devices that access web-based content. The Customer must also provide all equipment necessary to make (and maintain) such a connection to the World Wide Web. If an obsolete web browser is used, the Customer may not be able to use all functions of the Services or these functions may not operate optimally.

Article 4 – Formation of the Agreement

4.1 An Offer is only valid for the specific Order to which it relates and does therefore not automatically apply to subsequent similar orders. Offers only comprise the Services that are specifically stated in the Offer. Promotions, leaflets or catalogues, of whatever nature, issued by STORY CHIEF will not be considered an offer.

4.2 An Agreement will only be legally and finally concluded when the Customer places an Order with STORY CHIEF (i) through the ordering option on the Website, or (ii) by any other means of communication (verbal or written), and subject to the condition that this Order is followed by an email from STORY CHIEF to the Customer in which a user account is provided containing the activation password. A valid Order presupposes that the Customer has at least provided the following information:

  • Identity details of a natural of an artificial person with a valid email address;
  • Required module of the Services;
  • Invoicing quarterly or per year (except in case the registration is done for the free trial).

4.3 Before the Customer receives a user account, STORY CHIEF is entitled to request further information about the Customer and his activities, including, but not limited to, an assessment of his creditworthiness.

4.4 Failure by the Customer to provide the correct information, or in the event of doubts by STORY CHIEF about the identity or admissibility of the activities of the Customer will entitle STORY CHIEF to refuse to implement the Order by providing a user account.

4.5 A refusal to provide a user account (and hence a contract) by STORY CHIEF will never be a reason for any compensation.

4.6 Any changes or additions to the Agreement after the user account has been provided will only be considered valid after written approval of and implementation by STORY CHIEF.

4.7The Customer is not entitled to cancel his Order. If he does so, even for a part, but prior to the delivery of the Services, STORY CHIEF reserves the right to claim compensation from the customer of 25% of the price of the cancelled order, not including VAT, irrespective of STORY CHIEF's right to compensation for the damage it has actually suffered, if it is able to prove it.

Article 5 – Duration

The Agreement to use the Services of STORY CHIEF will enter into force in accordance with Article 4.2 and shall continue in full force for the agreed period of time (the "Initial Period"). The Initial Period will be automatically renewed and extended for the same period(s) as the Initial Period (the "Renewal Period") unless the Customer gives written notice of its intention to terminate the Agreement at least:

  1. 1 (one) month prior to the end of the Initial Period, or any Renewal Period, in case the quarterly subscription interval was chosen.
  2. 3 (three) months prior to the end of the Initial Period, or any Renewal Period, in case the annual subscription interval was chosen.

Article 6 – User account/login and password

6.1 Acceptance by STORY CHIEF of a valid Order by the Customer will activate the user account. A user account and accompanying login(s) provide the Customer with access to the Services of STORY CHIEF. Access to the Services implies a right by the Customer to use the Services, at a charge. Under no circumstances does it imply a transfer of ownership of the Services by STORY CHIEF to the Customer.

6.2 A user account contains the location and access codes that allow the Customer access to the Services. The allocation of a user account is accompanied by the allocation of at least one (1) or more logins. The number of logins corresponds with the number of users of the Customer allowed by STORY CHIEF.

6.3 A login belongs to one User only and may therefore not be shared with other persons. Every User must create a unique password for each login, which will belong to his personal information.

6.4 Each User is only responsible for the protection and security of his data concerning the user account and logins, including, but not limited to, the username and the password.

6.5Customer agrees to notify STORY CHIEF if Customer becomes aware of any loss or theft or unauthorized use of any of Customer's passwords, user logins, and/or an account number.

Article 7 – Delivery of the Services

7.1The Services of STORY CHIEF are provided as "software as a service" and mean the combined software, hosting, and support services as provided in the Agreement. The mere announcement of the user account (with accompanying logins) to the Customer will be considered a delivery of the Services. Use of the Services by the Customer is equivalent to acceptance of the Services.

Article 8 – Free Trial Period

8.1STORY CHIEF may choose, at its discretion, to offer a free trial period ("Trial Period") of subscription to Customers.

8.2 If the Customer is accessing the Services on a trial basis, STORY CHIEF will make the Services available at no charge for a period of up to 7 (seven) days. The Trial Period is intended for evaluation purposes only.

8.3 During or upon the expiry of the Trial Period, the Customer may purchase a subscription to the Services.

8.4 If a Customer does not purchase a subscription to the Services at the end of the Trial Period: (a) all rights to access or use the Service will end, and (b) STORY CHIEF will delete all Customer data within 60 days of the expiry of the Trial Period.

8.5STORY CHIEF may discontinue the Trial Period provision at any time at STORY CHIEF's sole discretion.

Article 9 – Absence of the right of withdrawal

9.1Pursuant to Book VI Market Practices & Consumer Protection of the Belgian Business Code (WER), the private Customer (in his capacity as a Consumer) basically has a right of withdrawal. However, the delivery of Services forms an exception to the right of withdrawal (art. VI.53 °13 WER), so that the private Customer can no longer rely on this right.

9.2 Professional Customers will under no circumstances have a right of withdrawal.

Article 10 – Prices

10.1 STORY CHIEF offers different standard modules within the Services as well as a tailor-made module for Customers.

10.2 The starting prices for the standard modules will at all times be shown on the Website and are expressed in euros. The prices do not include VAT.

10.3 STORY CHIEF reserves the right to adjust the pricing of the Services for each Renewal Period with at least 30-day written notice. Unless the Customer gives to STORY CHIEF a written notice of objection at least twenty (20) days prior to the effective date of the change, the Customer shall be deemed to have accepted such change.

Article 11 – Invoicing and payment

11.1 STORY CHIEF will invoice its Customers at a chosen frequency, depending on the choice opted for by the Customer when placing an Order, but always prior to the performance of the Services for this period.

11.2 If the Agreement is terminated by STORY CHIEF in accordance with Article 21.2, the amounts already paid to STORY CHIEF will be kept by STORY CHIEF and will not be returned.

11.3 By ordering/purchasing the Services, the Customer expressly agrees to electronic invoicing by STORY CHIEF, unless agreed otherwise in writing by the parties.

11.4 The invoice will be sent to the (email)address provided by the Customer with his Order.

11.5 The payment has to be effectuated in advance, using the online payment method used by STORY CHIEF and as provided on its Website. To process payments, STORY CHIEF uses external professional and specialised partners that offer a payment platform such as Stripe 3180 18th St, San Francisco, CA 94110.

11.6 The financial details of the Customer that are entered for his online payment will only be exchanged between the external partner and the financial institutions involved. STORY CHIEF does not have access to the confidential financial details of the Customer.

11.7 Online payments are made with the aid of secure protocols.

11.8 If the Customer wishes to pay by bank transfer or another payment method, he must inform STORY CHIEF of this in time.

11.9STORY CHIEF operates a payment term of 14 calendar days, counting from the date of the invoice. Any invoice that has not been paid on the due date will be subject by law and without any notice of default to late payment interest of 1% per overdue month. The amount due will be increased by 12% of the invoice amount, with a minimum of fifty euros (€ 50,00) (excl. VAT), by way of lump sum compensation.

11.10 Invoices may only be validly protested in writing by a registered letter within 8 calendar days after the invoice date.

Article 12 – Data hosting and storage

12.1STORY CHIEF's products and services run on world-class infrastructure hosted at Amazon data centers running on Amazon Web Service (AWS) technology. STORY CHIEF's data centers are located in Ireland and data never leaves Europe. Amazon maintains security certifications with:

SOC 1 / ISAE 3402
SOC 2
SOC 3
FISMA, DIACAP, and FedRAMP
CSM Levels 1-5
PCI DSS Level 1
ISO 9001 / ISO 27001

12.2Customer Data are stored in multi-tenant data stores. STORY CHIEF does not have individual data stores for each Customer. However strict privacy controls exist in our application code to ensure data privacy and prevent one Customer from accessing other customers' data.

Article 13 – Customer's Responsibilities

13.1 Customer agrees to comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with his use of the Services, including without limitation Data Protection Laws.

13.2 Customer is solely responsible for all Customer Data as well as for obtaining all licenses and permissions necessary related to the Customer Data.

13.3 Under no circumstances whatsoever does STORY CHIEF allow the use of its Services for illegal or unlawful purposes.

13.4 If the Customer fails to comply with the provisions of the Agreement, he acknowledges that he is acting entirely at his own risk.

Article 14 – Helpdesk and Support

14.1STORY CHIEF will make commercially reasonable efforts to ensure Customer's successful utilization of the Services.

14.2 The helpdesk can be reached from 9 a.m. to 5 p.m. CET (winter) / CEST (summer) on working days free of charge by telephone, chat, and by e-mail (support@storychief.io).

14.3 The STORY CHIEF helpdesk will do its best to help the Customer and if possible, to find a solution to any questions the Customer may have.

14.4 The availability of the Services may at all times be checked by the Customer online, live, and in real-time on the Website.

Article 15 – Communication by STORY CHIEF

The Services comprise communication by STORY CHIEF by email at regular times concerning service-related announcements, administrative e-mails, and newsletters. The Customer will at all times be able to unsubscribe from these newsletters.

Article 16 – Customer Data

16.1The Customer hereby grants to STORY CHIEF a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of STORY CHIEF's obligations and the exercise of STORY CHIEF's rights under the Agreement.

16.2 The Customer warrants to STORY CHIEF that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person.

16.3 STORY CHIEF shall create a backup copy of the Customer Data daily and shall retain and securely store each such copy for a minimum period of 60 days.

Article 17 – Customer Personal Data and Authorized Users' Personal Data

17.1 The processing by STORY CHIEF of the Customer Personal Data is described in detail in the Privacy Policy.

17.2The processing by STORY CHIEF of the Authorized Users' Personal Data is governed by the Data Processing Agreement between the Customer and STORY CHIEF.

17.3 The Privacy Policy and the Data Processing Agreement form an integral part of these General Terms and Conditions.

Article 18 – Confidential Information

18.1 Each Party shall make commercially reasonable efforts to keep confidential all information that it receives in relation to the other Party, its technical and operational structure, its products and services, its financial information, its personal data, its intellectual property, and the Services.

18.2 Notwithstanding anything to the contrary in the Agreement, Customer Data is not included in Confidential Information as defined above.

Article 19 – Intellectual Property Rights

19.1 All intellectual property rights in or related to the Services belong to STORY CHIEF.

19.2 STORY CHIEF grants the Customer non-exclusive, non-transferable, and non-sublicensable rights to use the Services for the duration of the Agreement.

19.3 The Customer may not copy the Services or any elements of or associated with the Services, or use the Services for other purposes than those for which they are intended without the prior written consent of STORY CHIEF.

Article 20 – Earlier Termination by the Customer

The Customer may terminate this Agreement if STORY CHIEF materially breaches the terms and conditions of the Agreement, provided STORY CHIEF is given notice and reasonable time to cure.

Article 21 – Earlier Termination by STORY CHIEF

21.1STORY CHIEF may terminate the Agreement and deactivate the user account of the Customer at any time and for any reason by giving 1 (one) month's notice to the Customer.

21.2STORY CHIEF is entitled to terminate the Agreement with the Customer by giving a one (1) calendar day's notice if it believes it has an objective reason for doing so. Objective reasons include, but are not limited to:

  • If during the course of the Agreement STORY CHIEF has reasons to assume that the Customer's data are false, inaccurate, or obsolete;
  • If STORY CHIEF discovers or has substantial reasons to suspect that the Customer uses his Services for unauthorised purposes;
  • If it is suspected that the Customer breaches the General Terms and Conditions, including the Acceptable Use Policy;
  • If STORY CHIEF discovers that the Agreement with the Customer is based on incorrect information;
  • If the Customer fails to pay his outstanding invoices in time and in full;
  • In the event of an imminent bankruptcy of the professional Customer.

21.3 After deactivation in accordance with Article 21.2, STORY CHIEF is entitled to refuse the Customer any future access to the Services.

Article 22 – Consequences of termination

22.1If the agreement is terminated by the Customer, the Customer is obliged to export prior to his termination the Customer Data and Authorized Users' Personal Data using the available export tools.

22.2If the agreement is terminated by STORY CHIEF, the Customer must export his Customer Data and Authorized Users' Personal Data within the period stated by STORY CHIEF.

22.3If the Customer fails to meet the provisions of this article, STORY CHIEF will delete the Customer Data and Authorized Users' Personal Data in due course.

Article 23 – Guaranties

23.1 Immediately after the delivery of the Services, the Customer must carry out an initial verification. The Customer must immediately inform STORY CHIEF by e-mail (support@storychief.io) of any directly verifiable defects within 5 (five) calendar days after delivery.

23.2 If no complaints are made within the abovementioned periods, the Customer is deemed to have approved and accepted the delivery and the Services.

23.3 Under no circumstances does the guarantee apply if the damage has been caused by the incorrect or unsafe use of the Services by the Customer.

23.4 The Customer will bear the costs made as a result of unjustified complaints.

Article 24 – Limitation of liability

24.1 The Customer acknowledges that complex software is never wholly free from defects, errors, and bugs.

24.2 The Customer acknowledges that complex software is never entirely free from security vulnerabilities.

24.3All statements on the Website itself relating to the reliability and the security of the Services constitute a mere description of STORY CHIEF's obligation to perform to the best of its ability.

24.4 Under no circumstances will STORY CHIEF be obliged to compensate indirect, special, or consequential damage, trading losses, loss of income, loss of reputation or goodwill, loss of or damage to information or data, or any other damage incurred by using the services.

24.5 Neither will STORY CHIEF be liable for any defects incurred directly or indirectly by an act of the Customer or a third party.

24.6 To the extent permissible under applicable law, the maximum aggregate liability of STORY CHIEF shall not exceed an amount equal to the monthly price actually paid by Customer for the use of the Services immediately preceding the event giving rise to such claim.

Article 25 – Force majeure

25.1 Neither Party can be held to perform its obligations under the Agreement if prevented from doing so by Force Majeure.

25.2 When there is a Force Majeure event, the affected Party will immediately notify the other Party thereof in writing.

25.3 In the event of force majeure, STORY CHIEF reserves the right to renegotiate the terms and conditions of the Agreement.

Article 26 – Maintenance

26.1 STORY CHIEF shall, where practicably possible, give to the Customer five (5) days prior written notice of a Maintenance that is likely to affect the availability of the Services.

26.2 STORY CHIEF shall effectuate the Maintenance with reasonable skill and care.

Article 27 – Severability

27.1 If any provision of the Agreement is, or becomes, illegal, unenforceable, or invalid, the relevant provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity.

27.2 If modification is not possible, the provision must be treated as severed from the Agreement without affecting the legality, enforceability, or validity of the remaining provisions.

Article 28 – Applicable law and jurisdiction

28.1 These General Terms and Conditions and the Agreement shall be governed by and construed according to Belgian law.

28.2 The courts of the judicial district of Ghent, Ghent department, shall have exclusive jurisdiction over any dispute ensuing from these General Terms and Conditions and the Agreement between the parties.

Article 29 – Third Party LLM Providers

29.1 Processing by Third Party LLM Providers. When using StoryChief AI Power Mode, Third Party LLM Provider acts as a sub-processor of personal data submitted to StoryChief, including personal data that may be contained in Inputs or other Customer Data. All personal data processing activities will be governed by the DPA in place between StoryChief and Customer.

29.2 Location of Processing.Currently, Third Party LLM Provider's services are hosted in the United States only. If Customer decides to use StoryChief, Personal Data sent to such Third Party LLM Providers will be processed in the United States (as described in our sub processors page).

29.3 Inputs and Outputs.Questions, data, content or information submitted to StoryChief AI Power Mode by or on behalf of the Customer ("Inputs") and answers or other results generated by StoryChief AI Power Mode based on such Inputs ("Outputs") shall be considered as Customer Data, respectively.

29.4 Accuracy. Outputs may contain material inaccuracies and may not reflect correct, current or complete information. The Customer may not mislead others that Output is human-generated. StoryChief makes no representations or warranties with respect to Outputs.

29.5 Rights to Use. Customer permits Third Party LLM Provider to use Inputs and Outputs or other Customer Data submitted to StoryChief as necessary to provide and maintain the Services, comply with applicable Laws, and enforce its respective policies.

29.6 Restrictions on Use.In addition to any general obligations and restrictions pertaining to Customer's use of Services under the Agreement, Customer represents and warrants that:

  • Customer's use of StoryChief will not breach or violate the AUP or any third party terms, policies or other agreements;
  • Customer will only provide and/or instruct to use content from publicly accessible sources where its use is explicitly permitted;
  • Customer will not use StoryChief to develop any models that compete with StoryChief or Third Party LLM Provider or attempt to discover underlying components of StoryChief.

Annex 1 – Acceptable Use Policy (AUP)

1 General

1.1 This AUP sets out the obligations and responsibilities of the Customer in connection with the use of the Service.

2 (Mis)use

2.1 The Customer is only entitled to use the Service for its intended purpose.

2.2 The Service may not be used for illegal or irresponsible actions. The following is, in any event (non-exhaustive), considered to be illegal or irresponsible:

  • Using the Service to cause harm to minors;
  • Sending, spreading, publishing, or displaying harmful or illegal materials;
  • Disrupting the systems in the network and/or Solution;
  • Using material that infringes any intellectual property rights;
  • Making fraudulent offers;
  • Collecting personal information without permission of the owner;
  • Deliberately spreading viruses or malicious programs;
  • Exploiting the Service to gain access to third-party accounts;
  • Violating the integrity of computer and network systems;
  • Gaining or attempting to gain access to the accounts of third parties.

3 Security

3.1 In order to protect the Service, the Customer shall be responsible for ensuring that access is only provided to Authorized Users, protecting log-in credentials, and ensuring devices have necessary protection measures.

3.2 It is prohibited to bypass user identification or security, login to unauthorized servers or accounts, or make use of tools designed to bypass security measures.

4 Breach of this AUP

4.1 The Customer recognizes and accepts that compliance with this AUP constitutes an essential obligation of the Agreement.

4.2 In the event of breach, the Customer shall defend, indemnify and hold harmless STORY CHIEF for any damages, losses, expenses, liabilities, or claims.

4.3 A breach of this AUP might also lead to criminal and/or civil prosecution.