Last Updated: [January 5th, 2025]
Story Glow (“we”, “us”, or “our”) owns and operates the software application (the “Software”) that offers users hand recognition technology to determine the appropriate gun size for each individual user (the “Services”). The Software and Services are provided to you under the terms outlined in this document (the “Terms”).
By accessing or using this Software, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, please do not use or access the Software. We reserve the right to modify these Terms at any time, and you are encouraged to review them regularly, as continued use of the Software after changes are posted will constitute your acceptance of those changes. Your agreement to these Terms also signifies your agreement to the Story Glow Biometric Privacy Policy (the “Privacy Policy”), which is incorporated herein.
Use of Software
Biometric Information Collection The terms that start with capital letters are defined under the following conditions and apply regardless of whether they appear in singular or plural form.
Definitions “Biometric Data” refers to any biometric identifiers and information, such as retina or iris scans, fingerprints, voiceprints, or scans of hand or face geometry, used to identify an individual. To provide the Services, we collect, store, and use Biometric Data. We will notify users when their Biometric Data is being collected, captured, or obtained, including details about storage and transmission. By opting into the Services, you consent to our use and transmission of Biometric Data.
We will not sell, lease, trade, or profit from users’ Biometric Data, except for the fees collected for using the Services. We will only disclose Biometric Data if required by law or court order. We retain Biometric Data until the Services are complete or for one year following the user’s last interaction with Story Glow. We use a reasonable standard of care to store, transmit, and protect Biometric Data from disclosure.
Registration To use our Services, you must provide certain personal and financial information as prompted by the Software. You represent and warrant that all registration information you submit is truthful and accurate. You agree to notify us immediately of any unauthorized use or suspected security breach. We are not liable for any loss or damage arising from your failure to comply with these requirements.
Access to the Services Subject to these Terms, we grant you a limited, non-exclusive, non-transferable personal license to access and use the Software. We reserve the right to revise the Services available on the Software and to change, suspend, or discontinue any aspect of the Software without notice. We may also impose rules and limits on use of the Software or restrict your access without notice or penalty.
Termination of Service
We may terminate the Services at any time, effective immediately. You may terminate the Services by providing sixty (60) days' written notice. If termination is due to a material breach by us, you must provide written notice and allow a thirty (30) day cure period. If terminated before the end of the current term (unless due to a material breach by Story Glow), any outstanding and future payments are immediately due. No refund is issued for annual payments in case of early termination.Disclaimers, Limitations, and Exclusions of Liability
Disclaimer The Software provides information for informational purposes only. We cannot guarantee the accuracy of recommendations provided by the Software.
Limited Warranties THE SOFTWARE, ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING, AND THE SERVICES RECEIVED BY YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS FREE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SOFTWARE OR SERVICES, AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SOFTWARE OR SERVICES.
Limitation of Liability USE OF OUR SOFTWARE AND/OR THE SERVICES RECEIVED BY YOU IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SOFTWARE, OR THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SOFTWARE, OR THE SERVICES EXCEED THE GREATER OF FIFTY DOLLARS (U.S. $50.00) OR THE AMOUNTS YOU HAVE PAID TO Story Glow IN THE PRIOR SIX (6) MONTHS HEREUNDER. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SOFTWARE AND THE SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE SOFTWARE OR SERVICES TO YOU WITHOUT THIS LIMITATION.
Indemnification YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND Story Glow, ITS SUBSIDIARIES, DIVISIONS, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF DEFENSE, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR ILLEGAL USE OF THE SOFTWARE, YOUR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Additional Terms
Governing Law These Terms will be governed by the laws of the State of Maine without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction.
Disputes Any dispute related to your visit to or use of the Software, to the Services provided through the Software, or to your relationship with us will be submitted to confidential arbitration in Maine. You consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Maine. Arbitration will be conducted under the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and we agree that any dispute will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Severability If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
Entire Agreement These Terms constitute the entire agreement between you and us with respect to the Software and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to the Software and the Services.
Contact Us If you have any questions regarding these Terms, please contact us at Storyglow@hotmail.com