Storyblok Self-Service Terms

1. OVERVIEW

1.1 Applicability. These terms and the Agreement apply between Storyblok and Customers of Storyblok Self-Service Subscriptions and services. 

1.2 No Other Terms. Except any terms expressly set out in the Agreement, no other terms and conditions, documents, requirements or information of Customer or any third party (including terms referenced in any request for information, request for proposal, purchase order, website or similar) apply even if Storyblok does not expressly object to them. Other information, including information provided by Storyblok's staff, on Storyblok's website or in any marketing material, as well as Customer's requests for proposals, specifications in mails or any other documents not explicitly linked or referenced in the Agreement do not apply and are non-binding.

1.3 Self-Service Use. Customer may either sign up (i) for Customer’s own use (as indicated by using a personal email address/domain to sign up for the Storyblok CMS) or (ii) directly or indirectly on behalf of an organization, business, or other legal entity ("Organization") for which Customer acts, whereas in such cases the term "Customer" will either refer to the individual or the Organization respectively. Customer represents and warrants that Customer has read, understood, and agrees to be bound by the Agreement; If Customer acts on behalf of an Organization, Customer represents and warrants that (i) Customer is of sufficient age in its jurisdiction, and (ii) has the authority to bind Customer’s Organization to the Agreement and to sign-up on behalf of such Organization. If Customer creates an account using an email address or domain belonging to its Organization, Customer acknowledges that Storyblok may share such email address/domain and account details with such Organization and that control of the account may be taken over by such Organization. Upon such takeover, the Organization may be able to control Customer’s account and access, disclose, restrict or remove information from the account, and/or restrict or terminate access to the Storyblok CMS. Customer is prohibited from signing up as a Self-Service Customer if Customer or Customer’s Organization is already an Enterprise Plan Customer. Storyblok may suspend access or terminate the Agreement at any time and without notice where Customer has signed up in breach of this Section.

2. DEFINITIONS

2.1 Affiliate means, with respect to a party, any entity Controlling, Controlled by, or under common Control with a party, where “Control” means direct or indirect ownership or control of more than 50% of shares or equivalent interests.

2.2 Agreement means the entire contractual relationship between Storyblok and Customer, including these Self-Service Terms, Storyblok DPA (to the extent applicable), Storyblok AI Terms, Technical Limits and any other documents agreed or incorporated by reference.

2.3 AI Features means functionality using large-language models, machine learning, or similar technologies, as described in the Storyblok AI Terms.

2.4 Confidential Information means any information disclosed by one party to the other that is marked as confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure. Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the recipient; (ii) was already known to the recipient without restriction before disclosure; (iii) was lawfully disclosed to the recipient by a third party without restriction; or (iv) is independently developed by the recipient without using the disclosing party's confidential information.

2.5 Customer means the individual or organization, business, or other legal entity entering into the Agreement with Storyblok.

2.6 Customer Content means any electronic content (e.g. text, files, images, code, data or other materials) that Customer or its Users input, upload, submit, store, manage, publish or otherwise make available within or through the Storyblok CMS.

2.7 Documentation means the instructions, user guides, help files, and technical materials for the Storyblok CMS as updated by Storyblok from time to time.

2.8 Included Quotas means the usage limits or quotas (including e.g. Users, Spaces, Assets, Locales, API Requests, AI Credits) defined in the Self-Service Subscription Plans or otherwise agreed between the Parties.

2.9 Initial Term means the initial subscription period for the Storyblok CMS, starting with the subscription start date, defined at the time of sign-up.

2.10 Intellectual Property Rights means all intellectual property rights worldwide, whether registered or unregistered, including any patent, patent applications, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, internet domain name or industrial design, any registrations thereof and pending applications therefor (to the extent applicable), know-how, trade secret, trade right, formula, confidential or proprietary report, data or information any computer program, software, database or data right, and any license or other contract relating to any of the foregoing, and any goodwill associated with any business owning, holding or using any of the foregoing.

2.11 Renewal Term means each successive renewal subscription period following the Initial Term, each with the duration equal to the Initial Term.

2.12 Self-Service Subscription means a Subscription to the Storyblok CMS that a customer purchases directly through Storyblok’s online checkout process, where subscription selection, billing, renewal, and payment are fully managed through the Storyblok self service interface using the payment methods and subscription management options provided therein. A Self-Service Subscription is concluded on the basis of these Storyblok standard Self-Service Terms only.

2.13 Storyblok means the contracting Storyblok entity identified in the online sign-up process.

2.14 Storyblok CMS means the standardized subscription-based software-as-a-service (SaaS) headless content management system accessible via app.storyblok.com, as modified, updated or otherwise changed by Storyblok from time to time.

2.15 Storyblok DPA means the Storyblok Data Processing Agreement.

2.16 Subscription means Customer’s agreed use of the Storyblok CMS during the Subscription Term subject to payment of Subscription Fees.

2.17 Subscription Fees means the fees payable for the Subscription Term.

2.18 Subscription Term means the Initial Term and any agreed Renewal Term.

2.19 Technical Limits means the consumption or technical restrictions implemented to maintain the continuous operation of Storyblok’s shared-service infrastructure as updated from time to time.

2.20 Third-Party Services means any third party applications, extensions, integrations, connectors, add-ons, or other software components or apps, all made available through the Storyblok App Store or any websites or services linked by Storyblok.

2.21 Trials, Free Use & Betas means services or features that Storyblok may, in its sole discretion, offer free of charge, on a trial basis, or as beta, experimental, or early-access releases, including (i) free-tier plans and any access granted without a subscription fee, (ii) access on a trial or testing basis or for non-production use, including time-limited/unlimited trials, pilot subscriptions, and sandbox subscriptions or environments made available to partners, prospective customers, or existing customers for testing and evaluation or (iii) alpha-, beta-, experimental, or early-access releases, including features or services designated as alpha, beta, experimental, or early access, and anything made available through Storyblok Labs.

2.22 User means any individual authorized by Customer or a Customer Affiliate to access the Storyblok CMS on Customer’s behalf.

3. STORYBLOK CMS

3.1 Right to Use. Subject to full payment of the Subscription Fees, Storyblok grants Customer during the Subscription Term a worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use the Storyblok CMS in accordance with the Agreement, for its own internal business within the scope defined in the Documentation, subject to all usage limits and Technical Limits. 

3.2 Subscription Term & Renewal. The Subscription Term depends on the type of the subscription plan Self-Service Customer selects when purchasing a Self-Service Subscription (e.g. monthly/annual). Any subscription automatically renews for successive terms equal in length to the Initial Term. Either Party may cancel a Subscription at any time, and the cancellation takes effect at the end of the then-current monthly term; Customer may cancel its subscription within the Storyblok CMS. If Customer does not cancel, the subscription renews and Storyblok is entitled to invoice and collect the then-applicable annual or monthly Subscription Fees.

3.3 Affiliate Use. Customer may extend its right to access and use the Storyblok CMS provided herein to its Affiliates and to Users acting on Customer’s or Customer’s Affiliates’ behalf, provided that Customer remains responsible and liable for their compliance hereunder. 

3.4 User Management. User access credentials must not be shared or used by more than one (1) individual User. However, User access credentials may be reassigned to new Users replacing former Users who no longer require access to the Storyblok CMS. Customer and Users are responsible for maintaining the confidentiality of all access credentials and login information. Customer is solely responsible for any and all activities that occur under or in connection with its access credentials. 

3.5 Included Quotas. Each subscription includes certain quotas (e.g. spaces, users, assets, locales, traffic, API requests) as set out in the Storyblok Self-Service Subscription Plan. If Customer exceeds any usage limits or other limits as indicated in the Self-Service Subscription Plans (including but not limited to components, API requests, stories, traffic, etc.), Customer shall be billed at the fee amounts specified for each Self-Service Subscription Plan. If limits are reached Customer acknowledges that this may result in limitations, suspension, restrictions (including unavailability or suspension of Storyblok CMS or parts of it or unavailability of the Customer Content or Customer websites) or required upgrades to a higher tier Subscription plan. Customer may upgrade to a Storyblok Subscription plan with higher limits.

3.6 Customer Responsibilities. Customer shall: (i) use the Storyblok CMS only as permitted under the Agreement and ensure its and its Affiliates’ Users’ compliance with the Agreement in writing; (ii) be solely responsible for any implementation and obtaining, maintaining and configuring any equipment and ancillary services needed to connect to, access or otherwise use the Storyblok CMS, including, without limitation, modems, hardware, servers, software, operating systems, network- or internet connection, web servers, web-browsers and the like; (iii) update its software, applications, services, equipment, websites or integrations to accommodate any changes to the Storyblok CMS; (iv) be solely responsible for any and all activities that occur under its access credentials; (v) implement state-of-the-art technical and organisational measures to safeguard the access credentials for the Storyblok CMS and prevent unauthorized access to or use of the Storyblok CMS; (vi) immediately notify Storyblok (security@storyblok.com) of any actual, threatened or suspected cyber attack, breach of security, breach of data protection obligations, password misuse or any other unauthorized use or access of the Storyblok CMS and omit anything that could cause financial losses or data leaks in such cases; (vii) provide and maintain accurate and complete information within the Storyblok CMS; (viii) follow Storyblok’s reasonable instructions to maintain security or integrity; (ix) be solely responsible to create and/or configure backups of its data (including backups of Customer Content and any of its other data and information); and (x) use the current version of the Storyblok CMS.

3.7 Usage Restrictions. Customer shall not, and shall not permit, facilitate, or encourage any third party to: (i) use the Storyblok CMS or any part of it, outside the scope expressly agreed in this Agreement including any Included Quotas and restrictions defined in the Self-Service Subscription plan; (ii) sell, resell, license, sublicense, distribute, transfer, rent, lease, or otherwise make available or commercially exploit the Storyblok CMS or act as a reseller for Storyblok; (iii) modify, copy, or create derivative works of the Storyblok CMS or any part thereof; (iv) disassemble, reverse engineer, decompile, or otherwise attempt to derive or access the source code, underlying algorithms, architecture, or structure of the Storyblok CMS, or use the Storyblok CMS or any information or materials obtained through such access to analyse, benchmark, or replicate any features, functionality or architecture of the Storyblok CMS; (v) access or use the Storyblok CMS, directly or indirectly, for the purpose of developing, improving, or informing any product or service that competes with the Storyblok CMS; (vi) access, tamper with, or use non-public areas of the Storyblok CMS, Storyblok's infrastructure systems, or the technical delivery systems; (vii) probe, scan, test or assess the vulnerability of the Storyblok CMS or Storyblok's or Storyblok's providers’ systems or networks, or breach or circumvent any of Storyblok's security or authentication measures; (viii) share User access credentials across multiple Users or circumvent any feature, functionality, or licensing restrictions enforced within the Storyblok CMS.

3.8 Acceptable Use Policy. Customer may not use, or facilitate, encourage, or allow any third party to use, the Storyblok CMS or any part of it: (i) for any illegal or fraudulent activity or to promote illegal or harmful activities or substances; (ii) to violate the rights of others, including any third party privacy rights, patent, copyright, trademark, trade secret, moral rights or other intellectual property rights; (iii) to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm; (iv) for any content or activity that promotes child sexual exploitation or abuse; (v) to violate the security, integrity, or availability of any User, network, computer or communications system, software application, or network or computing device; (vi) to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or "spam"). Storyblok reserves the right and the sole discretion to refuse, suspend or remove any Customer Content that violates the Agreement or applicable law.

3.9 Suspension. Storyblok may, at its reasonable discretion, partially or fully suspend, restrict, limit, or throttle Customer's access to or use of the Storyblok CMS, or any part thereof - including without limitation access rights, Users, available features, API throughput, data volumes, or storage capacity - if Storyblok reasonably believes that: (i) the stability, integrity, availability or security of the Storyblok CMS, Storyblok's infrastructure, or any Storyblok customer is at risk, (ii) Customer is in breach of the Agreement. 

Storyblok will try to inform Customer of any such measures in advance; given the criticality of the above-mentioned circumstances, Storyblok may act without prior notice and will then try to inform Customer of measures taken without undue delay. 

Storyblok shall have no liability for any damages, liabilities, losses or consequences (including any loss of data or profits), incurred by Customer as a result of a justified suspension or limitation and Customer expressly waives any claims against Storyblok in connection therewith. Customer remains liable for all Subscription Fees accruing during any period of justified suspension. For any unjustified suspension or limitation, Storyblok shall be liable in accordance with the limitations set out in the Agreement.

3.10 Updates & Changes. The Storyblok CMS is a software-as-a-service (SaaS) solution and Customer acknowledges and accepts that the Storyblok CMS is regularly updated, further developed, changed or modified, including the addition or removal of features or functionality (“Updates”). Any Updates will be applied automatically. Storyblok is not liable for any incompatibilities or other issues that may arise due to Updates. Customer hereby waives all further claims for damages, compensation, and other remedies arising in connection therewith.

3.11 Third-Party Services. The Storyblok CMS may interoperate with or link to Third-Party Services. Such services are governed solely by their providers’ terms. Storyblok is not responsible for their availability, security, accuracy, reliability or content, even if accessible via the Storyblok App Store and use is at Customer’s sole risk. Customer understands and agrees that Storyblok will not be liable for any Third-Party Services in any way, including any disclosure, modification or deletion of data resulting from the access or use of Third-Party Services.

3.12 AI Features. If Customer accesses or uses AI Features, the Storyblok AI Terms apply and take precedence in case of any conflict.

3.13 Trials, Free Use & Betas. Storyblok may, at its sole discretion, offer Customer access to Trials, Free Use & Betas. If Customer accesses or uses Trials, Free Use & Betas the following terms apply and prevail in case of discrepancies to the rest of the Agreement: (i) Trials, Free Use & Betas may be incomplete, contain defects, or differ from commercial versions of the Storyblok CMS or services; (ii) Storyblok may modify, suspend, limit, or discontinue any Trials, Free Use & Betas at any time and without notice, and reserves the right to make any Trials, Free Use & Betas previously offered free of charge subject to a paid subscription or additional fees; (iii) any access designated as sandbox, testing, demo, non-production or similar - whether through a label or notice presented during sign-up or in a document - is provided strictly for testing and evaluation purposes; Customer shall not use such access to operate live or production environments, serve end users, or otherwise deploy the Storyblok CMS in a productive capacity; Storyblok may suspend or terminate such access immediately and without notice if it determines or suspects that Customer is using, or has used, such access in a productive capacity or otherwise inconsistently with its permitted purpose; (iv) Customer acknowledges that data used or generated within Trials, Free Use & Betas may be deleted or lost at any time without notice; Customer is solely responsible for maintaining any backups; (v) Trials, Free Use & Betas are provided "as is" and "as available" without warranties of any kind, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; Storyblok is not liable for Trials, Free Use and Betas and shall have no liability for any claim, loss, data loss, destruction or damage - including direct, indirect, incidental, consequential, special, or exemplary damages - arising out of or in connection with Trials, Free Use & Betas; Customer uses Trials, Free Use & Betas entirely at its own risk. 

Where Customer provides billing information when signing up for a Trial or Free Use, Customer will not be charged during the free trial period. Unless Customer cancels before the end of that period, the Subscription converts automatically to the paid plan selected and Customer will be charged the applicable Subscription Fees from the first day following expiry of the free trial. 

4. SLA

4.1 SLA. Storyblok will use commercially reasonable efforts to make the Customer Content available through the Storyblok Content Delivery API with an uptime as described in the chosen Self-Service Subscription Plan, excluding any scheduled Maintenance & Downtime. 

4.2 SLA Credits. If the uptime commitment is not met, Customer is - upon written request to Storyblok - eligible for a pro-rated refund credit for the next billing cycle corresponding to the duration of unavailability (per minute). This SLA credit is Customer’s sole and exclusive remedy for uptime failures. 

4.3 Maintenance & Downtime. Storyblok CMS may become temporarily unavailable to perform maintenance, changes, modifications or upgrades. Storyblok will notify Customer reasonably in advance of any scheduled maintenance. Customer claims arising from scheduled unavailability are excluded and/or waived.

5. CUSTOMER CONTENT

5.1 Customer Content Ownership. As between the Parties, Customer retains ownership of all Customer Content. Storyblok acquires no rights in Customer Content other than those rights expressly granted in the Agreement.

5.2 Customer Content License. Customer grants Storyblok a non-exclusive, worldwide and free right to host, store, process, transmit, display and use the Customer Content as necessary to provide the Storyblok CMS. 

5.3 Customer Content Retention Periods. Unless Customer deletes its Customer Content earlier, Storyblok will (i) retain Customer Content during the Subscription Term and (ii) use commercially reasonable efforts to continue storing Customer Content for a period of up to 90 days after termination or expiration to allow for potential reactivation requests; after this period, Storyblok may delete Customer Content and any other data without further notice; Storyblok shall not be liable for any data loss following the effective date of the termination or expiration of the Agreement. 

5.4 Customer Content Responsibility. Customer is solely responsible for the Customer Content, including the legality, non-infringement of third party rights, content, accuracy and quality. Customer agrees that its use of the Storyblok CMS and all Customer Content complies with all applicable laws and does not infringe third party intellectual and personal rights. Customer guarantees to own or have all corresponding and necessary rights, licenses, consents and permissions to the Customer Content. Customer will not engage in any fraudulent, misleading, illegal, or unethical activities using or related to the Storyblok CMS. Storyblok has no duties of care, protection or warning in this respect. Storyblok has no obligation to screen or monitor any Customer activity or Customer Content. It is Storyblok's policy to respond to any claim that content stored, published and/or used on the Storyblok CMS infringes the rights of any third party. Storyblok reserves the right to remove infringing material or disable all links to the infringing material. Customer shall indemnify and hold Storyblok harmless (including costs and reasonable attorney-fees) against any actual or threatened claim, loss, cost, expense, damages, liability or similar resulting from or in connection with Customer Content.

5.5 Backups. Storyblok does not create or provide any back-ups of Customer data. It is the sole responsibility of Customer to create back-ups of its data. Storyblok shall not be liable for any data loss.

6. FEES & PAYMENT

6.1 Fees. Customer is obliged to pay the Subscription Fees and other applicable fees for accessing and using the Storyblok CMS or other agreed services. The Subscription Fees for the Initial Term are determined and depend on the chosen Self-Service Subscription plan at the time of sign-up. By selecting and purchasing a paid Self-Service Subscription plan Customer agrees to pay the monthly or annual subscription fees indicated for that plan. Customer is billed in advance on a recurring basis for each billing period corresponding to the subscription plan selected at sign-up (for example monthly or annual).

6.2 Renewal Fees. The applicable fees for any Renewal Term will be determined using the then-current standard list fees applicable for the renewed Self-Service Subscription plan. Storyblok may, in its sole discretion and at any time, modify its standard fees. As between Customer and Storyblok, any such modifications will only become effective at the end of the then-current term for the next (consecutive) Renewal Term. Fees for Renewal Terms will not be adjusted based on promotional or one-time discounts but on Storyblok standard list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which the purchased subscription package is modified, will result in re-pricing at renewal without regard to the prior term's pricing. Continued use of Storyblok CMS after the subscription fee change comes into effect constitutes Customer’s agreement to the modified subscription fee.

6.3 Payment. A valid payment method (e.g. credit card) is required to process the payment for a Self-Service Subscription. Customer shall provide and maintain accurate and complete billing information including company name, full name of the contact person, address, state, zip code, country, telephone number, email-address, VAT (or equivalent)-number and a valid payment method information. By submitting such payment information, Customer automatically authorizes Storyblok to charge all subscription fees and other charges to any such payment methods. Incorrect or incomplete information can lead to an additional effort for Storyblok, which will be charged to Customer. Should automatic billing fail to occur for any reason, Storyblok will issue an electronic invoice indicating that Customer must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Should automatic billing fail to occur for any reason for more than one billing cycle Storyblok is entitled to terminate the Agreement with 30 days prior notice.

6.4 No Refunds. Unless explicitly stated otherwise, fees are based on subscriptions and/or services purchased and not actual usage. Unless explicitly stated otherwise in the Agreement, any fees paid, including, without limitation, Subscription Fees, are non-refundable.

6.5 Taxes & Charges. All fees are exclusive of any taxes. Customer is solely responsible to pay the taxes and is not entitled to withhold any taxes from amounts due. Storyblok will not be responsible for any taxes based on the Customer's net income or taxes imposed on Customer arising from any consumption of goods and services. Storyblok will not be responsible for any other taxes, assessments, duties, permits, tariffs, fees, or other charges of any kind. Storyblok reserves the right to contest the determination of taxes by the tax authorities. Customer hereby indemnifies and holds harmless Storyblok for any taxes owed by Customer.

6.6 Late Payment & Default. In case of payment delays or default on a payment or in case Customer's use of the Storyblok CMS exceeds the prepaid amounts, Storyblok shall be entitled to: (i) apply the default interest rate (the default interest rate lies 9.2% per annum above the base interest rate on the marginal lending facility determined by the ECB, but not less than 8%); (ii) charge Customer (and Customer undertakes to reimburse) any costs of dunning and collection agencies incurred (including reasonable attorneys' fees) in the case of Customer default on payment insofar as they are necessary for the appropriate legal actions; (iii) demand immediate payment of any outstanding invoices for accrued Storyblok CMS usage (even if so far not yet due) or demand immediate payment for any Storyblok CMS usage in excess of prepaid amounts; (iv) require advance payment; (v) require appropriate security for future performance of Storyblok CMS; and/or (vi) suspend Customer's account or access to the Storyblok CMS with fourteen (14) days prior notice. Storyblok is not liable for any damage, losses, losses of data or profits or any other negative impacts that may occur due to a suspension according to this provision. Other rights and remedies of Storyblok (including claims for compensation of the actual damage incurred by Storyblok) are expressly reserved.

6.7 Counterclaims. Any Customer's counterclaim may only be set off as long as such counterclaim is not contested by Storyblok or recognized by declaratory judgement.

7. INTELLECTUAL PROPERTY & INDEMNIFICATION

7.1 Storyblok CMS Ownership. The Storyblok CMS, including all underlying software, technology, know-how, and Intellectual Property Rights, are and remain the exclusive property of Storyblok or its licensors. Storyblok trademarks, names and logos may not be used without Storyblok’s prior written consent. No rights are granted beyond those expressly stated in the Agreement.

7.2 Storyblok IP Warranty & Indemnity. Storyblok warrants that the Storyblok CMS or services do not, to the best of Storyblok's knowledge, infringe Intellectual Property Rights of any third party. In case Storyblok is in breach of this non-infringement warranty and a claim, demand, action, suit or proceeding is made or brought against Customer by a third party alleging such infringement ("Infringement Claim"), Storyblok - subject to the limitations defined in this Agreement - indemnifies and holds Customer harmless from any damages (including reasonable costs and attorney-fees) finally awarded against Customer as a result of the Infringement Claim, provided that Customer (i) promptly gives Storyblok detailed written notice of the Infringement Claim (notification to the attention of legal@storyblok.com) whereas for the purposes of this Section 8.2 'promptly' shall mean in sufficient time so that Storyblok's ability to defend the claim is not jeopardized or prohibited, (ii) offers Storyblok sole and exclusive control of the defense and settlement of the Infringement Claim, and (iii) gives Storyblok all reasonable assistance requested by Storyblok, at Storyblok's expense. Customer may not settle any Infringement Claims, nor create any obligation on behalf of Storyblok, without the prior written approval of Storyblok. If Storyblok receives information about an infringement or misappropriation claim related to the Storyblok CMS, Storyblok may in its sole discretion and at its sole expense (i) modify the Storyblok CMS so that it no longer infringes or misappropriates such third party rights, (ii) obtain a license for Customer’s continued use of the Storyblok CMS in accordance with the Agreement, or (iii) terminate the Agreement upon 30 days’ written notice and refund Customer any prepaid fees covering the remainder of the term after the effective date of termination, calculated on a monthly basis. These indemnification obligations do not apply to the extent an Infringement Claim arises from (i) combination of Storyblok CMS with third party products, services or systems not provided by Storyblok; (ii) Customer Content; (iii) Customer’s breach of this Agreement; (iv) Customer's use of the Storyblok CMS in a manner not authorized by the Agreement, (v) unauthorized modifications of the Storyblok CMS, (vi) products or services for which there is no, or Customer pays no, fee. This Section 7.2 states Storyblok's sole liability to, and Customer's exclusive remedy against Storyblok for, any third party claims covered by this Section.

7.3 General Indemnification by Customer. Customer will indemnify and hold harmless Storyblok and its Affiliates for any Loss arising from or in connection with any Claim made against any Storyblok Indemnitee: (i) with respect to any injury, death, loss or damage to tangible property to the extent resulting from Customer's breach of this Agreement or negligence; (ii) to the extent resulting from Customer's failure to comply with its data protection, confidentiality or privacy obligations; (iii) to the extent resulting from Customer's breach of applicable law in using the Storyblok CMS; (iv) to the extent resulting from Customer's use of the Storyblok CMS in breach of this Agreement and (v) to the extent resulting from Customer’s infringement of third party Intellectual Property Rights. For the purposes of this Section, "Claim" means any allegation, claim or proceeding (whether actual or threatened): (i) raised by a third party; and (ii) any statutory or regulatory fines; "Loss" means any loss, damages, liability and costs, including, but not limited to, reasonable attorney's and expert's fees; and "Storyblok Indemnitee" means Storyblok, each of its Affiliates and each of their respective directors, officers, employees, and agents.

7.4 Feedback & Feature Requests. Customer may provide Storyblok suggestions or comments for enhancements or improvements, feature requests, new features or functionality or other feedback for the Storyblok CMS or other services, performances or information provided by Storyblok (“Feedback”). If Customer does provide Feedback, Storyblok will have full discretion to determine whether or not to proceed with the use, development or implementation of any Feedback. Storyblok may at its sole discretion and without any obligation to compensate or reimburse Customer, irrevocably use, incorporate and otherwise fully exercise and exploit, commercialize or modify any such Feedback or parts of it in connection with any of its products and services without any restriction whatsoever.

8. WARRANTIES

8.1 Warranty. Storyblok provides the Storyblok CMS and its services with (i) reasonable skill & care, (ii) in material accordance with the Agreement and (iii) in compliance with applicable law. Storyblok further warrants to maintain reasonable information security measures and use appropriate software to scan the Storyblok CMS for viruses or similar malicious software or code. 

8.2 Disclaimer of Warranty. Except as expressly stated above, the Storyblok CMS and services are provided “as is” and “as available” and without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness or suitability for a particular purpose, non-infringement or course of performance. Storyblok does not warrant that the Storyblok CMS is compatible with the software or hardware or IT-environment used by Customer. Storyblok does expressly not warrant any commercial success of any kind whatsoever. Storyblok does not warrant that the Storyblok CMS will be uninterrupted, bug-free, error-free, or fully functional at all times. 

8.3 Remedies. Storyblok will use reasonable efforts to correct any reproducible defect, bug, error or issue (“Defects”) within reasonable time after being notified of such Defect. The existence of Defects must always be proven by the Customer. Storyblok may access Customer Spaces to investigate, verify and remedy Defects. Storyblok will classify any reported Defect in its reasonable discretion in accordance with the severity classifications defined in the Storyblok Support page. Low and Medium Severity Defects or Defects that cannot be reproduced do not trigger warranty rights but Storyblok will use reasonable efforts to address such Defects within updates generally made available to its customers. If Storyblok fails to remedy a High or Critical Severity Defect within reasonable time (whereas such time must allow for at least two (2) rectification attempts), Customer's sole and exclusive remedy is to request either (i) a reasonable price reduction proportionate to the Defect or (ii) in case further use of the Storyblok CMS is commercially unacceptable due to the material Defects, to terminate the Agreement and receive a pro-rated refund of prepaid fees. If Customer fails to report Defects promptly, in any event within five (5) business days after its occurrence, Customer may no longer assert any claims under warranty. Warranties do not apply to: (a) issues caused by Customer's misuse, unauthorized modifications, or breach of this Agreement; or (b) Trials, Free Use & Betas or other free, beta, testing or evaluation use. 

9. LIABILITY

9.1 Limitation of Liability. Storyblok shall only be liable in case of severe gross negligence or intent. Storyblok's entire liability for any other damages caused by slight negligence or non-severe gross negligence is explicitly excluded. To the extent Storyblok is liable, Storyblok’s entire liability will not exceed in the aggregate the amounts paid by Customer to Storyblok during the 12 months prior to the first incident from which liability arose. Multiple claims shall not increase Storyblok's liability. 

9.2 Exclusion of Indirect Damages & Liability. Storyblok will in any case not be liable for any indirect damages (including any lost profits, lost revenues, loss of goodwill, loss of reputation, loss of use, loss of data, interruption of business or any other intangible losses), or for any other special, incidental, or consequential damages of any kind.

9.3 Limitation Period & Burden of Proof. Any claims for damages are subject to a limitation period of one (1) year from the date of Customer's knowledge of the damage. The aggrieved Customer must prove the existence of (severe) gross negligence or intent.

10. CONFIDENTIALITY & DATA

10.1 Confidentiality. Both parties shall treat Confidential Information confidential and shall maintain its secrecy. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized access, use and disclosure. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own confidential or proprietary information, to protect Confidential Information. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of the Agreement and it will not disclose it, or permit to be disclosed, directly or indirectly, to any unauthorized third party without the other party's prior written consent. Either party may disclose Confidential Information to its or its Affiliates' employees, contractors, service providers, officers, directors, professional advisors and other representatives who have a need to know and are bound to keep such information confidential consistent with those of this Agreement. If a party is required by law, a valid court or governmental order, or in order to avert criminal prosecutions or great damage to disclose Confidential Information, such party shall (i) to the extent legally possible, provide the disclosing party with prior written notification thereof, (ii) provide the disclosing party with the opportunity to contest such disclosure, and (iii) use its reasonable efforts to minimize such disclosure. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement. Upon termination or expiration of the Agreement, Customer shall immediately either return or destroy (at Storyblok's discretion) all Storyblok Confidential Information and certify the same in writing to Storyblok.

10.2 Data Protection Compliance. Both Parties shall comply with applicable data-protection laws, including the EU General Data Protection Regulation (GDPR), where applicable. To the extent Storyblok acts as a Processor of Customer Personal Data, the Storyblok DPA applies.

11. MODIFICATIONS TO THE AGREEMENT

11.1 Storyblok reserves the right, at Storyblok's sole discretion, to modify or replace these Self-Service Terms at any time. If a revision is material, Storyblok will try to provide at least 30 days' notice prior to any new terms taking effect (e.g. via email or notice within the Storyblok CMS). What constitutes a material change will be determined at Storyblok's sole discretion. By continuing to access or use Storyblok CMS after those revisions become effective, Customer agrees to be bound by the revised terms. If Customer does not agree to the new terms, Customer shall stop using the Storyblok CMS. Any pre-paid fees shall not be refunded. Any of Customer’s claims in this regard shall be excluded or waived.

12. TERMINATION

12.1 Term. The Agreement enters into effect on the first day of the Initial Term and continues to be in force for as long as Customer has an active subscription to the Storyblok CMS or until this Agreement is terminated.

12.2 No Termination For Convenience. Except as expressly permitted under the Agreement, any Self-Service Subscription may not be terminated for convenience during the agreed Initial Term or Renewal Term. To the extent Customer exercises a right under mandatory applicable law to terminate the Agreement for convenience or to migrate or switch to another provider or to its own infrastructure before the end of a then-current Subscription Term, and that right does not arise from Storyblok's breach or from a right expressly granted to Customer under the Agreement, Customer acknowledges and agrees that: (i) the Agreement is entered into for a specific term that allows Storyblok to offer the agreed pricing and provides the necessary calculation security to make new investments and take innovation measures; (ii) pricing with annual or multi-year terms is generally lower than for services without such commitments and (iii) consequently any prepaid fees are non refundable; Customer will not be relieved of its obligation to pay any agreed fees for the entire then-current Subscription Term in case of such termination and consumption-based fees will be charged in accordance with actual usage up to the effective date of termination. 

12.3 Termination for Cause. Either party may terminate the Agreement with immediate effect if the other party breaches the Agreement in an essential point and fails to cure such breach within fourteen (14) days after written notice. Material breaches which allow Storyblok to terminate include, without limitation, non-payment, breach of Sections 3.1, 3.6, 3.7, 3.8, 6, 7, 10, any non-payment of agreed fees or misuse of the Storyblok CMS.

12.4 Effects of Termination. Upon termination all rights and licenses granted to Customer immediately cease and Customer shall immediately stop (and cause any Affiliates and Users to stop) using the Storyblok CMS or services. In case Customer terminates the Agreement for cause, any pre-paid fees for any unused subscription periods following the effective date of termination shall - upon written request to Storyblok - be refunded on a pro-rata monthly basis (excluding any commenced month); consumption-based fees will be charged and calculated according to the actual usage. In case Storyblok terminates for cause no pre-paid fees whatsoever will be refunded. In addition, all fees for services and/or products provided by Storyblok and not yet paid by Customer become due and owing immediately and shall be paid by Customer.

12.5 Survival of Rights. All provisions that by their terms or nature call for performance subsequent to termination or expiration shall remain operative and in full force and effect, including, but not limited to, all express representations and warranties, limitations of liability, choice of law and venue, confidentiality and indemnification.

13. REFERENCES & MARKETING

13.1 Reference Customer. Storyblok or its Affiliates may name Customer as reference customer and/or user of the Storyblok CMS on Storyblok’s websites and in marketing materials, online, social, or print media. If Customer refuses or withdraws this consent, Storyblok will then treat such information under the rules of Section 10 (Confidentiality). 

13.2 Marketing Activities. Customer authorizes Storyblok to use Customer’s corporate name, logo, and trademarks for advertising and marketing purposes, provided such use follows Customer’s brand guidelines communicated by Customer. If deviations are identified, Customer may require Storyblok to correct them within reasonable time.

13.3 Press Releases. Storyblok may issue a press release announcing Customer’s selection of the Storyblok CMS.

14. MISCELLANEOUS

14.1 Applicable Law. The Agreement is solely governed by the laws of Austria, excluding its conflict-of-law rules, choice of law provisions and the UN Convention on Contracts for the International Sale of Goods.

14.2 Jurisdiction. The competent commercial courts of Vienna, Austria shall have exclusive jurisdiction for any dispute arising from or related to the Agreement.

14.3 Export Control. Customer shall comply with all applicable export laws, restrictions, and regulations, including U.S. export laws. Customer will not permit any user to access or use the Storyblok CMS in any embargoed country or region or in violation of any export law or regulation. Without limiting the generality of the foregoing, Customer agrees not to upload or transmit any content within the Storyblok CMS that is controlled for export from the United States (namely technical data) under the U.S. International Traffic in Arms Regulations and US Export Administration Regulations, unless in strict compliance therewith.

14.4 Assignment. Customer may not assign or transfer the Agreement or any rights or obligations hereunder without Storyblok's prior written consent. Storyblok may assign or transfer the Agreement to any of its Affiliates with written notice to Customer. This Agreement is binding upon the Parties and their heirs, executors, legal and personal representatives, successors and assignees, as the case may be. For purposes of the Agreement, any change of control will be deemed an assignment. Notwithstanding the foregoing, Storyblok may assign the Agreement, in whole or in part, without the consent of Customer in the event of a reorganization, merger, or sale of all or substantially all of the assets of Storyblok.  

14.5 Errors and Adjustment Clause. Customer acknowledges that it has full knowledge of all circumstances concerning the Storyblok CMS and services and is aware of their true value. To the fullest extent permitted by applicable law, Customer waives any right to contest, avoid, or adjust the Agreement on grounds of error, mistake, or imbalance of performance or consideration. (including laesio enormis). 

14.6 No Waiver. Failure to enforce any provision shall not constitute a waiver of that or any other provision.

14.7 Force Majeure. Storyblok will not be deemed in breach of the Agreement for any cessation, interruption, failure, breakdown or delay in the performance of its obligations due to causes beyond its reasonable control, including, but not limited to, earthquakes, weather events, floods, fires, or other natural disasters, acts of God, labor controversies, civil disturbances, terrorism (including cyber-terrorism), war (whether or not officially declared), consequences of epidemic or pandemic crisis, technical breakdowns or interruptions of third parties (including acts or omissions of internet traffic carriers), loss of electricity or other utilities, cyber attacks (e.g., denial of service attacks), delays by Customer in providing required resources or cooperation, or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or compliance with or any change in or the adoption of any law, regulation, judgment or decree or other acts or omissions of regulatory or governmental authorities that impact the availability, performance or delivery of the Storyblok CMS ("Force Majeure Events").

14.8 Entire Agreement. The Agreement, including these Terms and incorporated documents, constitutes the entire agreement between the Parties and supersedes all prior proposals or understandings.

14.9 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. The invalid clause shall be replaced by a valid one that most closely reflects its economic intent.

14.10 Notices. Legal notices to Storyblok shall be sent to legal@storyblok.com. If delivery fails or no specific address is stated, notices to Customer may be sent to the current organization admin’s email address on record.