Terms of Service
Last Modified on March 25, 2021

PLATFORM LICENSE AGREEMENT

BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THESE PLATFORM LICENSE AGREEMENT TERMS AND CONDITIONS (THIS “AGREEMENT”) OR BY EXECUTING AN ORDERING DOCUMENT THAT REFERENCES THIS AGREEMENT OR BY OTHERWISE USING OR ACCESSING THE STORR PLATFORM (AS DEFINED BELOW) (THE “ACCEPTANCE”), YOU AGREE YOU HAVE READ AND ARE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE STORR PLATFORM.

This Agreement, by and between Customer and Storr, Inc., (“Storr”), is effective as of the date of Acceptance (the “Effective Date”), and governs Customer’s use of Storr’s software-as-a-service platform that permits the digital marketing and acceptance of orders for products and goods by end users of the service, including any software, documentation or data related thereto (the “Storr Platform”).  Each of Storr and Customer may be referred to herein individually as a “Party” or collectively as “Parties”.

Active Users” means each Authorized User with one or more sessions (i) to such Authorized User’s mobile application for the Storr Platform or (ii) to such Authorized User’s web storefront by such Authorized User or any End Customer, in each case, during the applicable month.

Customer Content” means (a) all information, data, content, photographs, graphs, videos, typefaces, graphics, music, sounds and other materials provided by or on behalf of Customer to Storr with respect to Customer, the Customer Marks and the Products, (b) all Product information, including Product types, names, images, descriptions, sizes, inventory, current retail prices, artwork, text, logos, graphics and other relevant Product information reasonably requested by Storr, (c) information relating to the Product, including taxes, delivery/shipping terms, costs and options and codes, and (d) any other content related to the Products that Customer determinates in its sole discretion to make available to Storr.

Customer Data” means all information and other data of Customer, Authorized Users and/or End Customers collected and managed via the Storr Platform pursuant to, and as contemplated by, this Agreement, including any information and other data submitted by Customer, Authorized Users and/or End Customers in connection with such users’ use of the Storr Platform hereunder (e.g., name, address, phone number, email address, shipping address, Order details, payment information, activity and behavior on the Storr Platform, and the nature, type and quantity of the Products purchased, marketed, promoted, advertised or sold on or through the Storr Platform hereunder).

Confidential Information” means, subject to the exceptions set forth in the following sentence, any information, knowledge or data, regardless of whether it is in tangible form, disclosed by or on behalf of either Party (the “Disclosing Party”) to the other Party (the “Receiving Party”). Storr’s Confidential Information includes the Storr Platform and the terms of this Agreement. Customer’s Confidential Information includes the Customer Data, but not the Anonymous Data or Aggregate Data. Information will not be deemed “Confidential Information” if such information: (a) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; or (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party.

Proprietary Rights” means any and all right title and interest in or to copyrights, mask works, moral rights, industrial designs, trademarks, service marks, trade names, trade secrets, patents, publicity, and any other rights to intellectual property, recognized in any jurisdiction or country of the world, whether or not registered or perfected.