Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Story // Stack suite of applications (the "Service"), provided by Smashing Garlic Entertainment Inc. ("SGE," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
1. Eligibility and accounts
The Service is intended for use by authorized users of organizations that have a license agreement with SGE or are otherwise authorized in writing by SGE to access the Service. You must be at least 18 years of age. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized access to your account.
2. License grant and restrictions
Subject to your compliance with these Terms and any applicable license agreement, SGE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your authorized internal business purposes during the term of your authorization.
You agree that you will not, and will not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works of the Service or any part of it.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, architecture, data structures, or trade secrets embodied in the Service, except to the extent such restriction is prohibited by applicable law.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, or otherwise transfer the Service, or any rights in it, to any third party.
- Remove, alter, or obscure any proprietary notices, including copyright, trademark, or watermark notices, on or in the Service.
- Use the Service to build or assist in building a competing product or service, or to copy any features, functions, user interface, or design of the Service.
- Use any automated means (such as bots, scrapers, or crawlers) to access the Service, except for tools we expressly authorize.
- Interfere with or disrupt the Service, the servers or networks on which the Service runs, or other users' access to or use of the Service.
- Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
- Use the Service in any manner that violates applicable law or the rights of any third party.
- Submit to the Service any content that infringes intellectual property rights, contains malware, violates privacy or publicity rights, or is unlawful, defamatory, or harmful.
3. Ownership
The Service, including all software, source code, designs, user interfaces, trademarks, and content provided by SGE (excluding User Content as defined below), is and remains the exclusive property of SGE and its licensors. All rights not expressly granted in these Terms are reserved by SGE.
4. User content
"User Content" means content you or your organization upload, submit, or create within the Service, including transcripts, source documents, references, highlights, episode and project records, and notes. As between you and SGE, you and your organization retain all rights in your User Content.
You grant SGE a limited, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use your User Content solely as necessary to provide and operate the Service on your behalf. You represent that you have all rights necessary to grant this license and that your User Content does not violate these Terms or any third-party rights.
5. Third-party services
The Service uses third-party services to deliver functionality (for example, Google Firebase for hosting and authentication, Anthropic for large-language-model inference, and Resend for transactional email). Your use of the Service may be subject to those third parties' terms in addition to these Terms. SGE is not responsible for the acts, omissions, or content of third parties.
6. Privacy
Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.
7. Suspension and termination
We may suspend or terminate your access to the Service, in whole or in part, at any time and without notice if we believe in good faith that:
- You have violated these Terms or any applicable license agreement;
- Your use of the Service poses a security, legal, reputational, or operational risk to SGE, other users, or third parties;
- Your access is no longer authorized by your organization;
- Required by law, court order, or governmental request; or
- The Service is being discontinued.
Upon termination, your right to access and use the Service ceases. Sections of these Terms that by their nature should survive termination (including ownership, restrictions, disclaimers, limitation of liability, and governing-law provisions) will survive.
8. Disclaimers
The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, SGE expressly disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade. SGE does not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components, or that any data will not be lost or corrupted.
9. Limitation of liability
To the maximum extent permitted by applicable law, SGE and its affiliates, directors, officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, data, or use, arising out of or related to these Terms or the service, whether based on contract, tort (including negligence), strict liability, or any other theory, even if SGE has been advised of the possibility of such damages.
SGE's aggregate liability arising out of or related to these Terms or the service will not exceed the greater of (a) the amounts paid to SGE for the service by your organization in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars ($100).
10. Indemnification
You agree to defend, indemnify, and hold harmless SGE and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service in violation of these Terms or applicable law, your User Content, or your violation of any third-party rights.
11. Changes to the Service or these Terms
We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will notify you through the Service or by other reasonable means. Your continued use of the Service after the effective date of a revised version constitutes acceptance of the revised Terms. The "Last updated" date at the top of this page indicates when these Terms were last revised.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms or the Service will be the state or federal courts located in New York County, New York, and you and SGE consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13. Miscellaneous
These Terms, together with any applicable license agreement between your organization and SGE, constitute the entire agreement between you and SGE regarding the Service and supersede all prior or contemporaneous agreements on that subject. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. SGE's failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without SGE's prior written consent; any attempted assignment in violation of this provision is void. SGE may assign these Terms without restriction.
14. Contact
For questions about these Terms, contact:
Smashing Garlic Entertainment Inc.
joey.allen@smashinggarlic.com