Terms of Service

1. About the Customer

A project or instance of the Services in Stormboard is a ("Storm"). For Storms on a personal/free account plan ("Personal Storms"), the creator of the Storm is the Customer and controls that Storm and any associated Customer Data in that Storm.

For Storms on a paid subscription plan ("Team Storms"), the organization (e.g., your employer or another entity or person) that entered the Customer Agreement is the Customer and controls all Storms and any associated Customer Data.

For more information on the relationship between Stormboard and the Customer, please refer to the Customer Agreement.

All individuals that access Stormboard require an account. Individuals granted access to a Storm by a Customer are "Authorized Users". All Authorized Users are bound by these Terms of Service and our Privacy Policy.

Authorized Users submit text, ideas, comments, votes, images, sketches, videos, documents, links and other content to Storms while using the Service ("Customer Data").

The Customer owns all rights to Customer Data in a Storm. When you submit Customer Data to a Storm, you acknowledge and agree that Customer Data is owned by the Customer and the Customer controls what happens to it including modification, deletion, disclosure, or even removing your access to that Customer Data.

You understand and agree that Stormboard doesn’t control the Customer Data and that it’s the Customer’s responsibility to:

• Inform you and any Authorized Users of any relevant Customer policies that may impact the processing of Customer Data.

• Obtain any rights, permissions or consents from you and any Authorized Users that are necessary for the lawful use, transfer and processing of Customer Data.

• Respond to and resolve any dispute with you and any Authorized User relating to or based on Customer Data.

These Terms of Service remain effective unless your access to the Services has been terminated by you, the Customer, or Stormboard. Please contact the Customer if you at any time, or for any reason, wish to terminate your account, including due to a disagreement with any updates to the Terms of Service.

2. License

Subject to this Terms of Service, Stormboard grants the Authorized User a non-transferable, non-exclusive license to access and use the Services. Nothing in this Agreement grants the Authorized User any interest in the Services except as stated in this Agreement, and the Services are, and shall remain, the property of Stormboard.

The Authorized User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party, except for employees of Customer’s affiliates for which the Customer may grant Authorized User status; attempt to scan or probe nor attempt to hack, defeat or compromise any security measures of Services or any systems or networks operated by the Company or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to the Customer for use on the Customer, or Customer’s affiliate’s, premises or devices, the Company hereby grants the Customer a non-exclusive, non-transferable, except to its affiliates, non-sublicensable license to use such Software during the Term only in connection with the Services.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stormboard at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Any use of or access to the Service by anyone under the age of 13 or the minimum legal age in your country is prohibited.

3. Account Security

You are the sole Authorized User of your account. Stormboard requires each user to have their own unique username and users may not share accounts. You shall use commercially reasonable means to maintain the confidentiality of your password and login credentials, and for all activities that transpire on the Services with your account. It is your responsibility to notify Stormboard immediately if you notice any unauthorized access or use of your account or password or any other break of security. Stormboard shall not be held liable for any loss and/or damage arising from any failure to comply with the terms and/or conditions of this Terms of Service.

4. Privacy

Every Authorized User’s account information and other Personal Information are strictly protected by Stormboard’s Privacy Policy. Please refer to this policy for more information on how we keep your information private.

5. Conduct

As an Authorized User, you acknowledge, understand, and agree that the accuracy, integrity and quality of all Customer Data is the sole responsibility of the Authorized User who submitted, imported, or otherwise contributed it. In short, this means that you are responsible for all Customer Data you add to the Services and as such we cannot guarantee the accuracy, integrity, or quality of such Customer Data.

The Authorized User represents, covenants, and warrants that they will use the Service(s) only in compliance with Stormboard’s standard published policies then in effect and all applicable laws and regulations.

The Authorized User hereby agrees to indemnify and hold harmless Stormboard against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Authorized User’s use of Services. Although the Company has no obligation to monitor the Authorized User’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

Your Obligations

• Comply with these Terms of Service and the Privacy Policy.

• Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies.

• Promptly notify us if you become aware of, or reasonably suspect, any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, account, or Customer Data.

• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Customer Data, or (ii) secured from your employer a waiver as to all rights in or to the Customer Data.

Types of Customer Data Not Permitted

• Customer data deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful and/or racially, ethnically, or otherwise objectionable.

• Customer Data that may infringe upon any patent, copyright, trademark, or any other proprietary, or intellectual property rights of another party.

• Customer Data that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.

• Customer Data offering any unsolicited or unauthorized advertising, promotion, "junk mail", "spam" or any other form of solicitation.

• Customer Data that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content.

Prohibited Uses

You are prohibited from using the Services for the purpose of:

• Causing harm to minors in any manner whatsoever.

• Impersonating an individual or entity, including, but not limited to, any Stormboard officials or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.

• Disrupting the normal flow of communications, or otherwise acting in any manner that would negatively affect other users’ ability to access the Service.

• Intentionally, or unintentionally, violating any local, state, federal, national, or international law.

• "Stalking" or other with the intent to otherwise harass another individual.

• Collecting or storing any Personal Information including email addresses relating to any other member or user in connection with the prohibited conduct and/or activities set forth above.

• Building a similar or competitive product or service or to copy any ideas, features, functions, or graphics of the Services.

Prohibited Actions

• Accessing a Storm if you are not the intended recipient of the Customer’s invitation to the Storm and Services.

• Creating an account or username using the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

• Creating accounts in bulk by any means other than our publically supported interfaces.

• Attempting to gain unauthorized access to the Services or related systems or networks.

• Sending unsolicited communications, promotions or advertisements, or spam.

• Using information, including email addresses, to contact Authorized Users outside of the Services without their express permission.

• Authorizing, permitting, enabling, inducing, or encouraging any third-party to breech any of the above Conduct statements.

6. Limitation of Liability

If we believe that there is a violation of the Contract, Terms of Service, Customer Agreement, Privacy Policy or any of our other policies that can simply be remedied by the Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask the Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if the Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, the Authorized Users, or any third parties.

In no event shall Stormboard, or its suppliers, be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services, even if Stormboard or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Disclaimer And Non-Waiver of Rights

Stormboard makes no guarantees, representations or warranties of any kind as regards to the Services and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of Alberta, Canada.

Stormboard its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms of Service and Stormboard chooses not to immediately act, or chooses not to act at all, Stormboard will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Stormboard does not waive any of its rights. Stormboard shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

8. Severability

The Terms of Service will be enforced to the fullest extent permitted under applicable law. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

9. Assignment

You may not assign any of your rights or delegate your obligations under the Terms of Service whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Terms of Service in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

10. Accuracy of Materials

The materials appearing on the Services could include technical, typographical, or photographic errors. Stormboard does not warrant that any of the materials on the Services are accurate, complete or current. Stormboard may make changes to the materials contained on its Services at any time without notice.

11. User Feedback

The only way we can make Stormboard better is with feedback from our amazing users. If an Authorized User sends us ideas or suggestions on how to improve our Services, they grant us an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use any ideas or suggestions for any purpose without any obligation or compensation to the Authorized User or the Customer.

12. Links

Stormboard has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Stormboard of the site. Use of any such linked website is at the user's own risk.

13. Copyright Infringement and DMCA Policy

As Stormboard asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Stormboard violates your copyright, you are encouraged to notify us. Stormboard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

14. Changes to the Terms

Stormboard reserves the right, at its sole discretion, to modify or replace any part of this Terms of Service. It is your responsibility to check the Terms of Service periodically for changes. Any changes to the Terms of Service become effective on the date we publish the change. Use of the Services after the effective date of any changes to the Terms of Service constitutes your acceptance of the revised Terms of Service.

15. Governing Law

The Terms of Service and any disputes arising out of or related hereto, will be governed exclusively to the laws of Alberta, Canada or by the same applicable governing law of the Contract ("Governing Venue") and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

The courts located in the Governing Venue will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Terms of Service, or its formation, interpretation or enforcement. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

16. Entire Agreement

The Terms of Service, including any terms incorporated by reference into the Privacy Policy or Customer Agreement, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

17. Contacting Stormboard

If you have any questions about the Terms of Service, please contact us.

Stormboard
Suite 2020, Tower 1

10060 Jasper Avenue NW

Edmonton, Alberta T5J3R8

legal@stormboard.com

This Terms of Service agreement is effective as of July 23, 2018.