Storiz Terms of Services
Last Modified: 17/10/2021
These terms of service (“Terms”) are a legally binding agreement between Storiz Ltd. (“Storiz”, “Company”, “we”, “us”, or “our”), and you, a user of our mobile application known as “Storiz” (“user” or “you” and “Storiz” or “App” respectively). When you download, install and use our Services (as defined below), these Terms will govern and apply. It is important and recommended that you take the time to read these Terms.
By downloading, installing and using the App and signing up to our Services, you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal electronic contract between you and us. If you do not agree to the Terms please do not use the Services in any manner whatsoever, and uninstall, where applicable.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Modified” heading. Your continued use of the App or Service following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication (within our App or by email, at our sole discretion).
In order to use our Services, you must be at least 18 years old, and of legal competence to enter into these Terms. You further warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization to enter into these Terms.
We provide you with a unique offer which enable you to upload an Instagram Story or WhatsApp Status regrading various promotional campaigns (“Campaign”) of our third-party business partners (“Brand”) and to receive consideration, as follows (collectively: “Reward”):
(i) 0.01 NIS per view of a Story uploaded to Instagram; or
(ii) 0.02 NIS per view of a WhatsApp status (“Reward”).
From time to time we may offer you to promote a Campaign of our App. These Campaigns will not be remunerated thus you will not be entitles to receive a Reward in
consideration for such Campaigns. You are not obligated to participate in the promotions of our App’s Campaigns in order to use the App.
It is hereby clarified that we will deduct from the Reward all taxes and other applicable withholdings related to the Considerations you are entitled to, subject to applicable laws requirements.
After you sign in, you will be able to choose between various Campaigns we offer to be posted as an Instagram Story in your Instagram account or WhatsApp status in your WhatsApp account (collectively and each individually “Social Media Platform”), according to the instructions provided by us (“Instructions”) (the above collectively with our App shall be referred to as the “Services”), as follows:
(i) Post the applicable Campaign via the Social Media Platform;
(ii) take a screenshot of the applicable Social Media Platform Campaign that details the accurate number of viewers (“Screenshot”);
(iii) upload a clear screenshot to the “Campaigns” tab in the App toolbar.
Upon completion of the Instructions and compliance with the requirement under these Terms, as approved by Storiz’s representatives, you will be entitled to receive the Reward. The Reward will be provided in the form of gift card, chosen at our sole discretion, that will be sent to the applicable email or mobile or address you provide so it is your responsibility to make sure they are accurate and up to date, we will not be responsible for any loss or lost of gift card resulting from inaccurate information provided.
Except as otherwise expressly provided herein, you will perform the Instructions at your own expense, using your own resources and equipment. Note that, you will be entitled for a Reward solely upon completion of all Instruction in compliance with the Performance of Instructions set forth below, at our discretion.
Very occasionally, we may need to refuse or cancel a request to participate in our Services (even if we have previously confirmed it) or receiving the Reward, and prior to your fulfillment of the Instructions – e.g. if we think there is something not reasonable or non-compatible with the Social Media Platform account, your Screenshot reliability, otherwise instructed by a Brand or under our internal reasons. If this happens to you and you think we have made a mistake, please contact us at: [email protected].
Performance of Instructions:
The Company adheres to industry practices and applicable legislation related to endorsements in advertising, and we require that our users will comply as well, while using
the Services. Thus, while performing the Instructions, you must adhere to applicable laws regarding promotions, including needed disclosures, as well as Social Media Platform’s applicable policies.
Notwithstanding the above, we have no obligation to monitor the any content you upload under the Services, and the responsibility and liability with respect to such content and its compliance is obliged on you.
The App and Services are owned by Company, including any trade names, trademarks etc. Further all Items and its descriptions, pictures, signs and Brand names, tradenames, trademarks, logos etc., are the Brand’s Intellectual Property. Except as explicitly provided herein, no license, right, title or interest shall be licensed to you, and we or the Brand reserve any and all rights, title and ownership of the Service, App and Content. You shall not use Company’s or Brand’s or copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
Representation and Warranties:
You hereby represent and warrants, as follows: (i) your Story’s content will be original and will not infringe upon any Intellectual Property or other right of any person, whether contractual, statutory or common law; (ii) you will not commit any act which brings the Company or Brand into public disrepute, or which might harm the Company or Brand; (iii) you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable social media platforms, including by making disclosures in accordance with the endorsement of the Items; (iv) You shall not, nor agree, authorize or encourage any third party to: (1) use the Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the App and Services or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, disassemble the Services; (4) remove, deface, obscure, or alter the App and Services or any content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Services; (5) use the App and Services for benchmarking purposes; (6) use the Services to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation; (7) otherwise use the App, Services or content in any unlawful manner or in breach of these Terms;
You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms, applicable laws, third party rights or social media platforms. We may prevent you from using the Services if we become aware of any action which breaches or which is reasonably construed as a breach of the Terms.
Disclaimer of Warranties
Except as provided herein, the Service are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Company does not warrant that the Services will operate error-free, or that the App or Services are free of viruses or other harmful code or that the Company will correct any errors in the Services. You agree that Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation in connection with the internet or any telecommunications or social media providers. We make no representation or warranties that the Services are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT OF THE REWARD. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, Brand and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms or any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
Termination and Changes of the App and Services
You can terminate these Terms and the use of the Services at any time. If you wish to terminate your use of the Services, you may do so simply by ceasing your use or by sending us a request. We may terminate these Terms and to stop you from using all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Services at any time without notice to you and without any liability to you whatsoever in connection therewith.
For any dispute, you have with us, you agree to first contact us at: [email protected] and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim arising out of or in connection with or relating to these Terms via the exclusive jurisdiction of the appropriate court in Tel Aviv, Israel.
These Terms, constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. User’s relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
If you have any questions or comments about these Terms, please contact us at: [email protected]