Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the ShowPilot platform and services provided by StoryScale, LLC. By accessing or using the platform, you agree to be bound by these Terms. Our Privacy Notice governs the handling of personal data. “You” refers to companies using the Services and their Authorized Users.

Definitions

• Platform: A platform for management of interactive product demo and content experiences.
• Services: The services available through the Platform.
• Customer: An entity using the Services.
• Authorized Users: Personnel authorized by Customer to use the Platform.
• Experiences: End products consisting of compiled captures and content views created through use of the Platform.
• Experience Views: The number of sessions delivered for published Experiences.
• Order: A mutually executed order form referencing and incorporating these Terms.
• Subscription: A Customer's specified Order of Fees during any Subscription Term.
• Subscription Term: The subscription term set forth in an Order.
• User Content: Images, pictures, feedback, and other materials uploaded by users.
• Customer Materials: Content created or provided by Customer, excluding StoryScale IP.
• StoryScale IP: All platform software, innovations, trademarks, and intellectual property.

1. Services

During the Term and subject to the terms and conditions hereof, StoryScale shall provide Customer with a limited, revocable, non-exclusive, non-transferrable right to use the Platform and Services, solely for internal business purposes.

2. Account Registration

2.1 Customer designates personnel as Authorized Users with platform access. Each user registers an account linked to the Customer's main account. One Authorized User serves as administrator with capability to add or remove other users and access restricted features.

2.2 Customer may register accounts for up to the total maximum number of Authorized Users as selected during the registration process. Customer confirms obtaining necessary consents under applicable law for providing personal data and maintaining consent records as legally required.

2.3 Any individual registering on behalf of a company represents that they are authorized to enter into, and bind the company to, these Terms and register as a Customer for use of the Services.

2.4 Customers and Authorized Users must notify StoryScale of unauthorized account access immediately. Customer shall be fully and solely responsible for the security of any computer system and/or mobile device used by any Authorized User and all activity on any Authorized User's account.

3. Service Levels

3.1 StoryScale uses reasonable commercial efforts to diagnose and correct verifiable and reproducible technical issues in the Platform within a reasonable period of time when reported during Business Days and Business Hours (weekdays 9:00 AM – 5:00 PM Pacific time, excluding Federal Holidays). Target response time is one (1) business day.

Contact support at support@storyscale.com or 888-242-5083.

3.2 StoryScale does not guarantee availability during outages caused by:

• Public Internet backbone, network, or server outages
• Actions of Customer or third parties, or failures of Customer's software, equipment, or systems
• Scheduled maintenance, backup, and upgrade functions
• Events beyond reasonable control such as strikes, fires, floods, war, governmental action, natural disasters, or interruptions in third-party systems

4. Consideration

4.1 Customer will pay the applicable fees described in the Order Form. Excessive usage triggers notification; customers may upgrade subscriptions. StoryScale reserves the right to change fees at the end of the Initial Service Term or current renewal term upon thirty (30) days prior notice. Billing disputes must be raised within 60 days of invoice appearance.

4.2 Full invoice payment is due within 30 days. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance (or the maximum permitted by law, whichever is lower), plus all expenses of collection, and may result in immediate termination of Service. Customer covers all taxes except U.S. income taxes on company net income.

5. Representations and Warranties

5.1 StoryScale Representations: StoryScale confirms proper organization, authority to execute the agreement, no conflicting obligations, and commitment to use commercially reasonable efforts to provide the Services faithfully, diligently, and with skill and ability in accordance with industry standards.

5.2 Customer Representations: Customer confirms proper organization, authority, no conflicting obligations, legal compliance in platform use, all required rights for providing materials, and that provided content does not and will not infringe the intellectual property, privacy, publicity, moral, or any other rights of any third party.

5.3 Authorized User Representations: Each user confirms that registration information is truthful and accurate, that they are age 18 or older, have legal capacity, have no conflicting obligations, will comply with all applicable laws, and that submitted content complies with law and does not infringe third-party rights.

6. User Content

6.1 Customers and Authorized Users may upload images, pictures, and feedback on or through the Platform (collectively, “User Content”).

6.2 StoryScale does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims all liability in connection with User Content.

6.3 StoryScale has no obligation to accept, display, or maintain any User Content and reserves the right to remove and permanently delete any User Content without notice and for any reason. Users retain full responsibility for uploaded content.

6.4 Users may not transmit content that restricts platform use, violates legal rights, infringes intellectual property, furthers illegal activities, violates laws, or contains offensive material, defamation, harassment, threats, pornography, harmful code, or criminal encouragement.

6.5 StoryScale may monitor content for inappropriate behavior, though it reserves the right to treat User Content as content stored at the direction of users without exercising editorial control except when violations are directly brought to its attention.

7. Restrictions

Customer shall not, and shall not allow any Authorized User or third party to:

• Decipher, decompile, disassemble, or reverse-engineer any software used to provide the Platform or Services
• Circumvent, disable, or interfere with security or access features
• Use any robot, spider, or automated process to retrieve, index, data-mine, or circumvent the navigational structure of the Platform
• Harvest, collect, or mine information about other users
• Access another user's account or password without permission
• Copy, modify, distribute, sublicense, sell, or create derivative works of the Platform, Services, or content thereon except as expressly permitted

Customer will not remove, alter, or conceal any copyright, trademark, or proprietary rights notices incorporated in the Platform or Services.

8. Intellectual Property Ownership

StoryScale and its licensors own all rights, title, and interest in the Platform and Services, including all software, technical innovations, modifications, enhancements, worldwide intellectual property rights, trademarks, service marks, and logos (“StoryScale IP”). Nothing in these Terms provides Customer with any rights in StoryScale IP except the limited right to use the Platform subject to these Terms.

8.1 Customer IP: Any content created or provided by Customer through the Platform, including User Content and demos created through the Platform (excluding StoryScale IP), shall be the sole property of the Customer (“Customer Materials”).

8.2 IP License: Customer grants StoryScale a perpetual, irrevocable, transferrable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, display, modify, and create derivative works of Customer Materials for the provision and improvement of the Services and Platform.

During the Term, Customer or Authorized Users may provide feedback regarding the Platform and Services, which StoryScale may use in any manner it deems appropriate, including for commercial purposes. StoryScale shall not be subject to non-disclosure or non-use obligations regarding such feedback.

9. Confidential Information

9.1 Each party (a “Recipient”) may have access to non-public or proprietary information of the other party (a “Disclosing Party”), including technical and non-technical information related to business, products, services, and customers, whether or not designated as confidential (“Confidential Information”). Feedback provided regarding the Platform shall be considered StoryScale's Confidential Information.

9.2 Nondisclosure Obligations: Recipient may not use or disclose Confidential Information except for purposes of providing or receiving the Services. Recipient shall treat all Confidential Information with a high degree of care and disclose it only to employees or representatives bound by equivalent non-disclosure obligations. Recipient bears full responsibility for harm caused by disclosure to its employees or representatives. These obligations survive termination of these Terms.

9.3 Exclusions: Obligations do not apply to information that: (a) was in the public domain through no act of Recipient; (b) was rightfully in Recipient's possession free of confidentiality obligations; or (c) was independently developed without reference to Confidential Information. Disclosure pursuant to law or court order is not a breach, provided Recipient gives prompt notice and cooperates with the Disclosing Party.

10. Data Retention

Customer acknowledges that StoryScale is not a data retention service. Customer must create backups of its data. StoryScale shall have no responsibility or liability for any loss of or damage to Customer data, including Customer Materials.

11. Indemnification

11.1 StoryScale shall defend, indemnify, and hold harmless Customer from third-party claims that the Platform infringes any patent or copyright or misappropriates any trade secret, except where claims result from: (a) non-compliant use; (b) combination with non-StoryScale services; (c) modification by parties other than StoryScale; or (d) use of non-current Platform versions.

11.2 Customer and each Authorized User shall defend, indemnify, and hold harmless StoryScale from third-party claims arising from: (i) breach of these Terms; (ii) use or misuse of the Platform or Services; or (iii) infringement of third-party rights, including materials in Customer Materials.

11.3 The party claiming indemnification shall: (i) provide prompt written notice; (ii) allow the indemnifying party to control defense and settlement (no settlement requiring action by the indemnified party without consent); and (iii) reasonably cooperate in the defense.

12. Disclaimer of Warranty

The Platform and Services are provided on an “as-is” and “as available” basis. StoryScale expressly disclaims all warranties and representations, including without limitation express or implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

In no event shall StoryScale or its licensors have any liability for any consequential, indirect, direct, special, or punitive damages arising out of or relating to the Platform and Services, including lost profits, lost business opportunities, or lost data. StoryScale's maximum cumulative liability is limited to fees actually received from Customer in the twelve (12) months immediately preceding the claim. If Customer has made no payments during the Term, StoryScale shall have no liability.

14. Term and Termination

14.1 These Terms are effective as of the date accepted by Customer for an initial period of 12 months (“Initial Subscription Term”), renewing automatically for successive 12-month periods unless either party provides notice of non-renewal at least sixty (60) days prior to the applicable renewal date.

14.2 Either party may terminate with seven (7) days written notice upon breach by the other party. Either party may terminate with immediate effect upon the other party's: (i) general assignment for creditors' benefit; (ii) consent to appointment of a receiver, trustee, or liquidator; or (iii) filing of a bankruptcy or insolvency petition.

14.3 Upon expiration or termination, StoryScale shall terminate Authorized User accounts. Users shall have no further access to the Platform or Services and shall delete the Platform from all devices.

14.4 StoryScale may suspend or terminate any Authorized User account with immediate effect upon: (i) termination of StoryScale's engagement with the applicable Customer; (ii) violation of these Terms; (iii) fraudulent, harassing, or abusive behavior; or (iv) behavior harmful to other users, third parties, or StoryScale's business interests. Terminated users may not rejoin without express permission.

14.5 Sections 5–9, 11–13, 14.5, and 17 survive expiration or termination.

15. Publicity

During the Term, StoryScale may refer to Customer as a customer, including by displaying Customer's name and logo on its website and marketing materials.

16. Force Majeure

No party will be liable for default or delay caused by natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or similar occurrence beyond its reasonable control, provided the affected party makes all reasonable efforts to comply and promptly notifies the other party. Payment obligations may be delayed but will not be excused.

17. Notices

Notices may be sent by registered mail or email (with electronic confirmation of delivery). Notices are deemed received: one (1) business day after courier delivery, four (4) business days after registered mail delivery, and one (1) business day after email transmission with written confirmation of receipt.

18. General

These Terms constitute the entire agreement between the parties. Amendments or waivers must be in writing and executed by both parties. StoryScale may assign its rights and obligations to a purchaser of substantially all its assets or share capital. Customer may not assign any rights or obligations without consent. Nothing in these Terms creates an agency, employment, joint venture, or partnership. These Terms are governed by the laws of the State of Washington. The parties consent to exclusive jurisdiction in Washington courts. If any provision is found invalid, it shall be interpreted to give maximum effect under applicable law, and the remainder shall remain in effect.

Contact

For questions about these Terms, contact us at info@showpilot.com.