Last Revised: March 31, 2021
Welcome to STeditor’s Terms of Service! We are extremely excited to have you aboard. Thank you for choosing to use our services.
Below is a list of important legal terms that apply to anyone that visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. STeditor offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at info@steditor.com
These Terms of Service (“Terms”) cover your use of and access to sites, templates, tools, applications, and services (collectively, the “Services”) provided by STeditor (as defined below) including without limitations on the websites and associated domains of www.steditor.com on STeditor web, mobile, and other applications.
You may visit and/or use the STeditor Services only if you fully agree to the Terms - and by using and/or registering to any of our Services, you signify and affirm your informed consent to these Terms of Use and any other STeditor Terms applicable to your use of any of our Services. If you do not read, fully understand, and agree to the Terms, you must immediately leave the STeditor Website and avoid or discontinue all use of the STeditor Services.
By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.steditor.com/web/site/terms_condition (“Privacy Policy”).
Creating Accounts
1.1. Signing Up. To use many of our Services, you must first create an account (“Account”). Different parts of the Services may require different Accounts. You agree to provide us with accurate, complete, and at all times up-to-date information for your Accounts. We may need to use this information to contact you.
1.2. Staying Safe. Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
1.3. Sixteen And Older. The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you're at least 16. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.
Your Content
2.1. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, music, audio, videos, fonts, logos, stickers, code, and any other materials (“User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. User Content includes without limitation content you post to Your Sites or content you include in Your Videos. "Your Sites" means the sites (including scheduling pages, Bio Sites, or Unfold stories hosted on the Services) you create or publish using the Services. “Your Videos” means the videos or similar materials you create using the Services and includes without limitation your Unfold stories.
2.2. Your License To Us. When you provide User Content via the Services, you grant STeditor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
2.3. Featuring Your Site. We may choose to feature Your Sites (but not your scheduling pages) or names, trademarks, service marks, or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks, or logos on Your Sites, for the limited purpose of STeditor marketing and promotional activities. For example, we may feature Your Sites on our Templates page, on the Customers sections of our sites, or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks, or logos on Your Sites and any right of inspection or approval of any such use. You can opt-out of being featured through your Account or, in the case of Unfold, by contacting info@steditor.com. This Section does not affect any rights you may have under applicable data protection laws.
Your Responsibilities
3.1. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secrets,s or other rights. Please don't copy, upload, download, or share content unless you have the right to do so.
3.2. Follow The Law. You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
3.3. Share Responsibly. The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.
3.4. Comply With Our Acceptable Use Policy. You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your User Content and your use of the Services complies with our Acceptable Use Policy.
3.5. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers, and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services, and support to your End Users; (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users; and (d) your ability to create, share or otherwise operate Your Sites may be limited by the extent to which Your Sites include Licensed Content. We’re not liable for and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
3.6. Your Videos Are Your Responsibility. You understand and agree that (a) Your Videos are your responsibility; (b) you’re solely responsible for compliance with any laws or regulations related to Your Videos; and (c) your ability to create, share, or otherwise use Your Videos may be limited by the extent to which Your Videos include Licensed Content. We’re not liable for and won’t provide you with any legal advice regarding, Your Videos. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
Third-Party Services And Sites, and User Content
Privacy Policy. Therefore, please evaluate and ensure you trust each Third-Party Service prior to connecting Your Site to its services. Each Third-Party Service is solely responsible for providing all support, maintenance, and technical assistance to you with respect to their services (including their interoperation with Your Sites). When using Third-Party Services, your security is your responsibility. We don't control Third-Party Services, and we’re not liable for Third-Party Services or for any transaction you may enter into with them, or for what they do. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We’re not liable for any such suspension, disabling, or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
4.2. Third-Party Sites. The Services may contain links to third-party sites. When you access third-party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
4.3. User Content. The Services or sites, stories, or videos created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates the intellectual property, trade secret, privacy, publicity, or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don’t represent or imply that we endorse your or other user’s User Content, or that we believe such User Content to be accurate, useful, lawful, or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published, or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content, accessed via the Services.
Content and Ownership
5.1. STeditor Owns STeditor. The Services are, as between you and STeditor, owned by STeditor, and are protected by copyright, trade secret, trademark, and the other US and foreign laws. This Agreement doesn't grant you any right, title, or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others’ User Content.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas, or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
5.3. Our Demo Content. We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio, and video (collectively, “Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or in Your Videos or be distributed, publicly displayed, publicly performed, or otherwise published.
5.4. Templates. The Services include a social, website, or other templates (collectively, “Templates”). The Templates include without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements, and other materials. STeditor owns the Templates. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.
Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites or your User Content; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2. Ownership Disputes. Sometimes ownership of an Account or site is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice, or business license, to help determine the rightful owner.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
Privacy
7.1. Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.
7.2. You Must Comply With Data Protection, Security, And Privacy Laws. You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security, and privacy laws and regulations including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
7.2.1. Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.
7.2.2. Cookies And Similar Technologies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through Your Site (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive/Regulation and under national laws implementing the same. Please see our Cookie Policy for more information about the use of cookies and similar technologies.
7.3. HIPAA Enabled Accounts. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent STeditor has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject STeditor to such industry-specific regulations without obtaining STeditor‘s prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business associate agreement with STeditor.
7.4. Protect And Improve The Services. You agree that we may protect and improve the Services through analysis of your use of the Services and/or your End Users’ use of Your Sites in anonymized, pseudonymized, de-personalized, and/or aggregated form. If applicable law requires, you must explain this in your privacy policy. See our Privacy Policy for more information about how and what we do in this regard.
Paid Services And Fees
8.1. Fees. You can access certain portions of the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until canceled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
8.3. Invoices. STeditor will issue an invoice or credit memo for any payment of Fees or refund made to or by STeditor (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
8.4. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except at our sole discretion, or if legally required.
8.5. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
8.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback, or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
8.7. Our Payment Processor. We use third-party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
8.8. Fees For Third Party Services. Third-Party Services purchased via the Services may be subject to different refunds or other policies that those Third-Party Services determine, and such Third-Party Services may be non-refundable. The purchase terms and conditions for such Third-Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
Term And Termination
9.1. This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Additional Terms.
9.2. Loss of Data, Content, and Capacity. If your User Account or any STeditor Services or Third Party Services related to your User Account are canceled (whether at your request or at STeditor’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User Data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). STeditor shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content, or End User data. Please also note that additional Fees may apply to the re-activation of a User Account and/or any STeditor Services following their cancellation, as determined by STeditor at its sole discretion.
By using any of our E-Commerce features, you acknowledge, warrant, and agree that:
10.1.You shall be solely and fully responsible for all taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
10.2. Any Taxes indicated by the E-Commerce features provided to you by STeditor are solely provided for illustration purposes only, and may not be relied on in any way;
10.3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
10.4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty, and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints, or claims; and
10.5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
10.6. STeditor may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with, or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
Warranty Disclaimers
11.1. Disclaimers. To the fullest extent permitted by applicable law, STeditor makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. STeditor also disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from STeditor, shall create any warranty. STeditor makes no warranty or representation that the Services will: (a) be timely, uninterrupted, or error-free; (b) meet your requirements or expectations, or (c) be free from viruses or other harmful components.
Limitation Of Liability
12.1. To the fullest extent permitted by law in each applicable jurisdiction, STeditor, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the STeditor Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the STeditor Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the STeditor Services; (6) events beyond the reasonable control of STeditor, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of STeditor Services. You acknowledge and agree that these limitations of liability are agreed on allocations of risk constituting in part the consideration for STeditor’s services to you, and such limitations will apply even if STeditor has been advised of the possibility of such liabilities.
Indemnification
13.1. To the fullest extent permitted by law, you agree to indemnify and hold harmless Steditor and its affiliates and its and their directors, officers, employees, and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which STeditor may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement.
Additional Terms
14.1. Entire Agreement. This Agreement constitutes the entire agreement between you and STeditor regarding the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty, or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies, or agreements that may apply when you use other services, including Third-Party Services. This Agreement creates no third-party beneficiary rights, and no third-party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.
14.2. Modifications. We may modify this Agreement from time to time and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.
14.3. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event, or matter beyond our reasonable control. This may include where such results from any act of God, fire, an act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.