Terms of Service


StoryQuest, Inc. (d.b.a. “GIFD”) (the “Company”, “we”, “us”, “our”) is a technology company whose products and services — including GIFD and others that link to these Terms of Service (collectively, the “Services”) —provide users with the ability to send personalized messages and GIFs to each other.


We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you as a user of our Services. Although we have tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and our Company, so please read them carefully.


By using GIFD or any of our other products or services that are subject to these Terms, you agree to be bound by everything outlined in this agreement. If you agree to these Terms, GIFD grants you a non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services in accordance with these Terms and our policies. If you don’t agree with the Terms, please don’t use the Services.


ARBITRATION NOTICE: YOU AND GIFD AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND GIFD WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION.


Who Can Use the Services


If you are under the age of 13, you may not use our Services. If we have actual knowledge that you are under the age of 13 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will cease providing Services to you and delete your account and your data. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all such terms carefully. By using the Services, you represent, warrant, and agree that:

If you are old enough to use or access GIFD but are not old enough to have authority to consent to our terms, your parent or guardian must agree to these Terms on your behalf. If you’re a parent or legal guardian, and you allow your teenager to use the services, then these Terms also apply to you and you’re responsible for your teenager’s activity on the services. If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).


Keyboard


In order for GIFD to function properly, you will need to download a keyboard to your device, which entails updating your phone’s device settings to add a new keyboard and give it “full access.” This will allow you to use the search functionality in your GIFD keyboard, which is all you need to make the keyboard function properly. 

You may encounter an alert when installing a new keyboard on your device, warning that third-party keyboards may collect or log passwords, credit card numbers or street addresses. GIFD is designed NOT to receive, store or transmit any such sensitive data. We believe doing so would constitute inappropriate data collection and have intentionally designed our product to protect your privacy. For more information on how your data is managed, please read our Privacy Policy. 


Third-Party App Providers


You can use GIFD inside any app that uses your keyboard. If you use GIFD to send personalized messages and GIFs through a third-party app provider such as Snapchat, WhatsApp or Instagram, you will be bound by that provider’s policies. Please refer to the third-party app providers’ terms of service for more information on how they handle your information.


Accounts and Software Updates


When you download GIFD, you may be asked to create an account. If so, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate. You may stop using the Services at any time and for any reason. You can delete your GIFD account by visiting the settings section in the app and selecting Delete Account.

Using GIFD requires that you download the app to your device. You agree that we may automatically update the app, and that these Terms and our policies will apply to any updates.


Your license to use GIFD


The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, and the proprietary software and other technology used to provide the Services are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. Although we are granting you this license, we and our licensors retain all intellectual property rights we have in our software and Services (other than User Content (defined below)), including, without limitation, the exclusive right to create derivative works.

The GIFD name and the GIFD logo or icon and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. The unauthorized use of any of these trademarks is strictly prohibited.

Some of our Services may allow you to download client software. So long as you comply with these Terms, we grant you a worldwide, non-exclusive, personal, non-assignable and revocable license to download, install, and run that software, solely to access our Services.

You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or Services. You also may not reverse engineer or decompile our software or Services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.


If you provide us feedback


We appreciate user input on ways to make GIFD better. If you make any comments or suggestions to GIFD, you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable license to use the feedback and ideas, content and technology generated from the feedback without any restrictions, attribution, or compensation to you.

GIFD doesn’t waive any rights to use similar or related feedback provided to GIFD before or after your feedback, or developed by GIFD’s employees, or obtained from sources other than you.


Conditions of Access and Use


User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

Service Content

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Competitors

No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Company or any of its affiliates, or acting on behalf of a competitor of Company in using or accessing the Service.

Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Company or the App Provider (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Company (through the App Provider (as defined below)) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you. We reserve the right to change Company’s prices. If Company does change prices, Company will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Company’s net income.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.


Respecting Others’ Rights


GIFD respects the rights of others, and so should you. You may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights. When you submit content to the Services, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services, and that you grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by GIFD or its affiliates.

GIFD honors copyright laws, including the Digital Millennium Copyright Act, and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If GIFD becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to suspend or terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, please report it by emailing legal@storyquest.ai. Alternatively, you may file a notice with our designated agent: StoryQuest, Inc., Attn: Copyright Agent, 50 W Manor Dr #1756, Pacifica, CA 94044, email: DMCA@storyquest.ai. Do not use this email address for anything other than reporting copyright infringement, as such emails will be ignored. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C.§ 512(c)(3). That means the notice must:

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any purportedly infringing material. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.


Termination


We may suspend or terminate your license to access and use GIFD at any time and for any reason. Normally we provide notice and the reason for the termination or suspension. However, our termination or suspension may be immediate and without notice if in our sole judgement you committed a serious violation of these Terms or our policies.


Indemnity


You agree to indemnify, defend and hold harmless GIFD, its parent company StoryQuest, Inc., and its directors, officers, employees and agents, from any and all legal actions, demands, claims, losses, expenses or damages arising out of or in any way related to your access or use of GIFD or our Service (or any other person accessing or using GIFD through your account), your User Content, any breach of these Terms or violation of our policies.

In such circumstances, you agree we are entitled to payment from you for any judgment, our reasonable legal fees and all costs we incur to defend ourselves. Our right to indemnification survives any cancellation, termination or suspension of your GIFD account.


Disclaimer and waiver of claims


WE MAKE NO REPRESENTATIONS WHATSOEVER AS TO THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY INFORMATION POSTED ON GIFD OR THE GIFD SOFTWARE. OUR SERVICE, SOFTWARE AND ALL CONTENT ON GIFD IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOUR USE OF GIFD IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not review User Content in advance of its posting. GIFD takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

This disclaimer and waiver of claims survives any cancellation, termination or suspension of your GIFD account and termination of these Terms.


Our liability is limited


TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFD, ITS PARENT COMPANY STORYQUEST, INC., AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW OR IN EQUITY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR FOR ANY BUSINESS INTERRUPTION OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF INABILITY TO USE OUR SERVICE OR ITS CONTENT; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES; UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT); HOWSOEVER CAUSED, EVEN IF GIFD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY FOR CLAIMS BROUGHT AGAINST THE COMPANY OR ANY OF ITS AFFILIATES OR ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS IS LIMITED TO $100.00 OR SUCH THE SMALLEST AMOUNT PERMITTED BY LAW, WHICHEVER IS LESSER.

IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, GIFD's liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. GIFD isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you in writing.

This limitation of liability provision survives any cancellation, termination or suspension of your GIFD account and termination of these Terms.


Arbitration and governing law


If a dispute arises with GIFD, please contact us. We will work to address it with you quickly and informally.

Should an informal resolution of the dispute prove impossible, you agree that any dispute, claim or controversy arising out of or relating to your access or use of GIFD or these Terms, including the determination of the scope or applicability of this provision, shall be determined by final, binding and non-appealable arbitration.

Arbitration is a less expensive, and often quicker, means for parties to resolve their dispute than filing a lawsuit in a court of law. An independent and neutral arbitrator decides the case, not a judge or jury. The arbitration award is final and not subject to review by a court. Arbitrators, however, can award the same damages and relief that a court can award.

You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and Agreement, and that you and GIFD are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these Terms and the termination of your GIFD account. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org.

Unless you and GIFD agree otherwise, the arbitration will be conducted in the City and County of San Francisco or Alameda County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that GIFD will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GIFD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

To the extent any claim, dispute or controversy regarding GIFD or our Service isn’t arbitrable under applicable laws or otherwise: you and GIFD both agree that any claim or dispute regarding GIFD will be resolved exclusively in a California court governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.

If you're a consumer in the EEA, this arbitration provision does not apply to you.


Opt-out 


You can decline this agreement to arbitrate by emailing an opt-out notice to our team at legal@storyquest.ai within 30 days of the “Last Updated” date of this policy, or within 30 days of when you first register your GIFD account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, GIFD also will not be bound by them.


Apple App Store


The following terms and conditions apply to you only if you are using the GIFD app from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the GIFD app from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the GIFD app or content thereof. Your use of the GIFD app must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the GIFD app. In the event of any failure of the GIFD app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the GIFD app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the GIFD app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the GIFD app or your possession and/or use of the GIFD app, including, but not limited to: (a) product liability claims, (b) any claim that the GIFD app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the GIFD app or your possession and use of that GIFD app infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the GIFD app. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the GIFD app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.


We may modify these Terms


We are continually working to improve GIFD. As a result, our Terms may be modified or we may publish new Terms at any time. Any modified and/or new Terms will become effective immediately upon posting. You agree that we may provide you notice of new or modified terms by posting them on the GIFD website and/or within the settings of the GIFD app. By continuing to access and use GIFD, you agree to be bound by the new or modified terms.


General provisions


Assignment


These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GIFD without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you’re a consumer in the EEA, either you or GIFD may assign these Terms, and any rights and licenses granted under it, to a third party. In case of such an assignment by GIFD, you are entitled to terminate the agreement with immediate effect by deactivating your account. GIFD will provide you with reasonable notice of any such assignment.


California Residents


If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.


Severability


If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and remaining provisions shall remain in full force and valid. 


No waiver


No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GIFD’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


Contact Us


Please email us at legal@storyquest.ai with any questions.

Last Updated: April 30, 2024