Terms, Privacy and End User License Agreement

June 24th 2022

I — Definitions

"End User(s)" means authorized, individual persons who have validly acquired the Products for their personal use and not for resale.

"Software" means the interactive storytelling solution(s) developed by Elm Story Worlds (named Elm Story delivered by either a tangible product in physical format or online product via Internet or similar communications protocol.

"Service" means the online platform component of the Software named Elm Story Cloud.

"Contributor" means any resource that contributes to the Software's design, functionality, publication and marketing.

"Storyworld Content" means any content created, imported or exported by the End User to or from the Software.

II — Acceptance and Modifications

By clicking “accept” or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA and acknowledge that it is enforceable as a written contract signed by you.

If you are under the age of 18, you are not permitted to use the Software or provide your personal information to us without the consent of your parent or guardian who must first accept this Agreement and administer the Software on your behalf.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions.

Elm Story Worlds reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going forward basis at any time by making such modified EULA available to you on the Elm Story Worlds website or through the Software, or both. The EULA will be identified as of the most recent date of revision and will be effective immediately upon posting, except in the event any such modification materially alters your rights hereunder. In this latter case, Elm Story Worlds will notify you via a pop-up window or other notification when you access or use the Software, in which you will be required to explicitly provide your informed consent with such material modifications. In the absence of such explicit consent, you will be deemed to withdraw your acceptance of this Agreement, in which case you will need to uninstall and discontinue your use of the Software at that time.

III — Copyright

Any and all plugins downloaded or installed by this software remain the property of the respective authors and express permission should be seeked before using them or deriving methods from them for use under any other scenarios not explicitly relating to the Software.

This License is not intended to limit any rights you have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

Storyworld Content data is the copyright and property of the original authors, which may include End User(s). Data exported from the Software may be used for non-commercial and commercial purposes, but embedded and distributed license and copyright data must not be modified.

IV — License Grant

Not-for-Resale License. Subject to the terms and conditions of this EULA, Elm Story Worlds hereby grants to End User a limited, personal, non-transferable, revocable, non-exclusive, without the right to sublicense, worldwide license to use, install and operate the Software solely for the purpose of testing and using it for internal users and without the right to further distribute, resell or otherwise transfer such licensed rights.

V — Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes the Software, be liable to you for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.

VI — Privacy and Data Collection

If the End User decides to create a Service account, Elm Story Worlds will collect and store (via our service provider, PlanetScale) the End User email address and any other data the End User provides for the purpose of securing and delivering access to and features of the Service; currently in closed beta.

During closed beta, to remove all End User data from the Service, the End User must contact support and Elm Story Worlds will process the request within two weeks. Once the Service is available in general release, the Service will provide a self-service feature to facilitate the data removal process and this document will be updated to reflect availability and specific direction.

By using the Service, necessary, functional authentication cookies will be stored on the End User's browser, written and read by the Service.

Otherwise, Elm Story Worlds does not directly collect End User data through Elm Story Worlds' website or the Software.

If the End User chooses to donate or subscribe, the End User's email address is available to Elm Story Worlds via itch.io and patreon.com, respectively.

Elm Story Worlds will only use an End User's email address to communicate with the End User opt-out, platform updates and necessary support. Elm Story Worlds will not share or sell End User email addresses to 3rd parties.

Contact us with any questions, concerns or feedback.

Elm Story is © 2022 Elm Story Worlds