STORYBEAT CONDITIONS OF USE

The purpose of this document is to establish the General Conditions of Use of this mobile app owned by SOCIAL STORIES, S.L. (hereinafter “STORYBEAT”), whose registered address is C/Francisco Goya, 14, 3º, Madrid (Spain), holding Tax ID No. B-88080304 and registered in the Companies Registry of Madrid in Volume 37557, Folio 0, Page M-669453, with contact email address: info@storybeatapp.com.

STORYBEAT reserves the right to amend these Conditions of Use to adapt them to the legislation in force at any given time. In addition to these General Conditions of Use, certain services in the App, due to their specific characteristics, may also be subject to their own specific conditions of use (hereinafter, the “Specific Conditions”). The Company may, at any time and without prior notice, make changes and updates to these Conditions of Use.

These changes shall be published in the App and shall apply as of the time they are published. As a result, the User should regularly check to see if any changes have been made in these Conditions of Use and, regardless of whether or not express consent is required, by continuing to use the Service after the changes have been published, the User agrees to and accepts such changes. In the event that the User does not agree to the updates in the Conditions of Use, he/she may revoke the consent given by ceasing to use the Service.

USER STATUS

Downloading and accessing the App is free of charge, except for the cost of the connection to the telecommunications network supplied by the service provider contracted by the User. The party who downloads and uses the App is granted user status (hereinafter, the “User”), which involves reading, understanding and accepting all the terms and conditions stipulated herein.

USER LICENSE

STORYBEAT grants the User a non-exclusive, non-transferable, revocable personal limited license on the App for personal, private, non-commercial use thereof, limited in all cases to the terms described in these Conditions of Use. This license shall be restricted to the period set forth in these Conditions of Use and shall be subject to the territorial availability of the App. Notwithstanding the above, STORYBEAT can rescind or revoke this license at any time.

The user license described above grants the User the possibility to create short personal videos (or “stories”) using the User’s own recordings, photographs or other images, adding music and other sounds provided by the User or furnished through the App, if so desired. All of the above shall take place under the conditions set forth herein.

No other rights shall be construed as being granted to the User under this license beyond the use of the App under the terms established herein.

USE OF THE MOBILE APP AND ITS SERVICES

The User acknowledges and agrees that the contents and/or services offered in this mobile App shall be used exclusively at his/her own risk and/or liability. The User agrees to use this mobile App and all its contents and Services in accordance with any applicable legislation, ethical principles and the public order, as well as complying with these Conditions of Use and any Specific Conditions that may, in each case, apply. The User also agrees to use the Services and/or contents of the mobile App in an appropriate manner and to refrain from using them to perform illicit activities or actions that constitute a crime, that infringe or violate the rights of third parties and/or that violate intellectual or industrial property regulations or any other applicable rules of the legal order.

Use of the App shall be limited to the User's private and personal sphere and, specifically, use of the App for commercial purposes is prohibited unless the User owns the copyright or has obtained the relevant rights or licenses to use all the images, audiovisual work, music, sound recordings, voiceovers and other materials included in the video created by the User for such purposes (hereinafter, the “User Content”).

The User expressly warrants that the User Content and, in general, the videos contained in said content, do not violate any laws or infringe any third-party rights, including Intellectual Property Rights and other privacy rights, among others. If the User uses the App for commercial purposes of any kind and/or such party’s User Content contains material that is protected by a copyright not owned by the User, such party warrants that he/she has obtained all the rights, licenses, consent and permissions required to use said material protected by copyright in relation to the creation and/or publication of said User Content through the App. In this regard, the User is expressly informed that song fragments or other audio or sound bites that could be provided by third parties through the App shall be protected by copyright, and therefore the User can only use them for private purposes, never for commercial purposes.

STORYBEAT shall not be held liable, nor does it accept any liability, for the User Content or the videos that any User may create with the App. STORYBEAT does not access or store the User Contents or their videos and therefore, has no control over them. The User shall be the sole party liable for the User Content and the videos generated, as well as for the purposes for which the User uses them, including the consequences of sharing or publishing them by any means and over any website or social network, including, but not limited to, Instagram, YouTube, Facebook, Snapchat, WhatsApp, etc. STORYBEAT has no control over third-party websites or platforms, so any User who shares his/her videos in any such media does so for his/her own account and risk.

In addition, by way of illustration but without limitation or exclusion of any kind, the User also agrees: - To refrain from duplicating, reproducing, selling, leasing, renting, licensing, distributing or by any other means using the App (and/or its software) for any purpose other than that expressly authorized in these Conditions of Use. - To refrain from decompiling, modifying, reformatting, translating, performing reverse engineering, disassembling or by any other means accessing the source code. - To refrain from using the App to transmit, install or publish any kind of virus, malware or other damaging programs or files. - To refrain from using the App or creating videos for illicit purposes or to share, transmit or provide to third parties any kind of information, element or content that violates fundamental rights or infringes third-party rights of any kind.

The User shall be liable for any action that infringes or breaches the terms set forth in these Conditions of Use or any legal provisions that may apply, and accepts any and all liability deriving from his/her use of the App and the videos generated, as well as for any negligence or breach of these Conditions of Use, including any consequential loss and/or loss of profits that could derive from such party's actions.

INTELLECTUAL AND INDUSTRIAL PROPERTY

STORYBEAT reserves all rights to the brand names, trademarks and other distinctive markings, patents and intellectual property related to the content and design of the App. All the contents of the App, including, but not limited to, texts, graphics, images, design and intellectual property rights to which said contents may be entitled, as well as the brand names, trademarks and other distinctive markings are owned by STORYBEAT, which reserves all rights over them. Under no circumstances shall the downloading, access and use of the App grant the User any rights over said brand names, trademarks and/or distinctive markings, or any other intellectual property rights other than those expressly granted in these Conditions of Use.

Furthermore, STORYBEAT respects the intellectual and industrial property rights of third parties, and therefore, if you feel that your rights or rights of third parties have been infringed, please contact STORYBEAT as soon as possible at the following email address: info@storybeatapp.com.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

The App, which includes, but is not limited to, the software, all the content and the services that may be accessed through it, is offered on an “as is”, “as available” and “with all faults” basis.

STORYBEAT does not guarantee availability of access at all times or functional continuity of this mobile App and its services, nor does it warrant that it is free of errors. As such, STORYBEAT shall not be held liable, within the limits set forth in valid legislation, for loss and damage caused to Users as a result of a lack of availability, access or functional faults or a lack of continuity of this mobile App and its services. STORYBEAT shall be solely and exclusively liable for the Services it provides and for contents directly created by the company and identified with its copyright. This liability shall be excluded when situations of force majeure arise or in cases in which the configuration of the User's devices is inappropriate for the correct use of the online services provided by STORYBEAT. Downloading, access and use of the App on mobile or similar devices does not entail an obligation by STORYBEAT to monitor for the presence of viruses, worms or any other harmful IT components. The User shall, in all cases, be responsible for ensuring that proper tools are in place to detect and disinfect harmful software.

Furthermore, STORYBEAT cannot guarantee that the Users of this mobile App will use the contents and/or services herein in a diligent manner without infringing third-party rights and in accordance with the law, ethical principles, the public order, these General Conditions of Use and, where applicable, the relevant Specific Conditions. STORYBEAT shall not be held directly or vicariously liable for loss and damage of any kind deriving from the use made of the App by the Users. Therefore, use of this App does not entail an obligation by STORYBEAT to verify the truthfulness, accuracy, appropriateness, suitability, thoroughness or topicality of the information furnished through it. STORYBEAT shall not be liable for decisions made on the basis of the information provided through the App or for loss or damage incurred by the User or third parties as a result of actions based solely on the information obtained through the App.

To the maximum extent allowed by law, STORYBEAT and, where appropriate, its affiliates, assignees or licensees, and their respective employees, agents, directors and partners, specifically decline from offering any of the above guarantees or any others that are not specifically mentioned herein, accepting no liability whatsoever in this regard. Should the law in any jurisdiction restrict or prohibit the above-mentioned transfer of liability of implicit or any other type of guarantees described above, the transfer or limitation of liability described above shall apply in the broadest manner allowed by the law in such jurisdiction, provided it is applicable to these Conditions of Use.

LINKS TO THIRD PARTIES

If any links to other mobile apps and/or websites are displayed in this App through buttons, links, banners, embedded content, etc., the User is hereby informed that such links are directly managed by third parties, and that STORYBEAT wields no control or approval over them or over the contents they may host. In this regard, STORYBEAT shall not accept any liability whatsoever for any aspect relating to any platform or website to which a link may exist from this App. Specifically, by way of illustration without limitation, this refers to the functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of the contents thereof, in general.

ANALYSIS OF USER INTERACTIONS

STORYBEAT may use files or data storage devices in the App to measure interactions between Users of the App. In particular, the User is informed that STORYBEAT, through this App, uses Google Analytics, a service provided by Google, Inc., an entity headquartered at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (hereinafter, “Google”).

The information that Google Analytics generates shall be saved directly by Google on its servers in the United States for the purposes of gathering data on the usage and activity of the App's Users, thus enabling STORYBEAT to receive reports on this activity. Google may transfer the information obtained to third parties when required by law or when said third parties process the information on behalf of Google. Google does not associate the IP address that may be obtained from Users with any other data at its disposal. In any case, you are hereby informed that STORYBEAT shall not gather, process or have access to the Users’ IP address or any other personal data on such parties.

For further information on Google Analytics, you may visit: https://www.google.com/intl/es_ES/analytics/learn/privacy.html

MODIFICATIONS

STORYBEAT reserves the right to make any changes deemed appropriate in the App, and may modify, delete or add new contents and/or services, and the form in which they are displayed and localized.

MINORS

In general, in order to use the Services in this mobile App, minors must first receive permission from their parents, guardians or legal representatives, who shall be held liable for all the acts performed through this mobile App by the minors for which they are responsible. In any Services where such is explicitly stated, access shall be restricted solely and exclusively to persons over the age of 18.

VALID TERM AND TERMINATION

The services and/or contents of this mobile App shall be provided for an indefinite period. However, STORYBEAT shall, at all times and with no need for prior notice, be entitled to unilaterally terminate, suspend or interrupt the service provided and this mobile App and/or any of its services, notwithstanding the terms set forth in this regard in the relevant specific conditions.

INVALIDITY

Should any of the Conditions of Use herein be declared fully or partially null and void or inapplicable by any court, tribunal or other competent administrative authority, such invalidity or inapplicability shall not affect the remaining provisions of this document.

LAW AND JURISDICTION

The matters related to these Conditions of Use and any matters that are partially or fully related to the services provided through the App shall be subject in all regards to Spanish law, and the parties explicitly waive their right to any other jurisdiction to which they may be entitled and submit to the courts of Madrid.

Should you have any questions or concerns, you may contact STORYBEAT at info@storybeatapp.com.