Terms of Use

STORY MARKETING GROUP, LLC

END USER LICENSE AGREEMENT

Updated 31 January 2025

This End User License Agreement (the “Agreement”), which includes the incorporated Order Form and Attestations, is a legally binding contract between STORY MARKETING GROUP, INC. (“Story Marketing Group”) and the individual or entity identified as the Adviser on the Order Form for the Story Marketing Group Platform (the “Adviser”).

Story Marketing Group offers the Platform solely under the terms and conditions of this Agreement, which the Adviser must accept and comply with. By clicking “Accept” on the Order Form, you (a) accept this Agreement and agree that the Adviser is legally bound by it; and (b) represent and warrant that: (i) you are at least 18 years old and legally competent to enter into this agreement; and (ii) if the Adviser is a corporation, government body, or other legal entity, you have the authority to enter into this Agreement on its behalf. If the Adviser does not agree to these terms, Story Marketing Group will not license the Platform, and you may not access it.

Regardless of any other provision in this Agreement, or your or the Adviser’s acceptance of these terms, no license is granted (explicitly, implicitly, or otherwise) for any software that the Adviser did not lawfully acquire or that is not a legitimate, authorized copy of Story Marketing Group’s software.

DEFINITIONS

For this Agreement, the following terms have these meanings:

• “Attestations” are any product or Platform-specific acknowledgments initialed or typed at the point of sale.
• “Content” is the Platform’s output, combining Story Marketing Group’s Original Content and the Adviser’s proprietary information (e.g., biographical details, client lists, investment philosophy, historical results) submitted to the Platform (“Adviser IP”).
• “Documentation” means user manuals, technical guides, and other materials provided by Story Marketing Group (in print, electronic, or other formats) describing the Platform’s access, operation, use, or specifications.
• “Intellectual Property Rights” means all registered and unregistered rights (existing now or in the future) under patent, copyright, trademark, trade secret, database protection, or other intellectual property laws worldwide.
• “Management Fees” are non-refundable fees for services Story Marketing Group provides to the Adviser.
• “License Fees” are the fees, including taxes, paid or payable by the Adviser for the Platform license.
• “Order Form” is the form completed by or for the Adviser, and accepted by Story Marketing Group, for the Platform license.
• “Person” means an individual, corporation, partnership, joint venture, limited liability company, government body, unincorporated organization, trust, association, or other entity.
• “Platform” is the Story Marketing Group Platform licensed to the Adviser, as specified in the Order Form.
• “Third Party” is any Person other than the Adviser or Story Marketing Group.

LICENSE

Subject to the Adviser’s payment of License Fees and compliance with this Agreement, Story Marketing Group grants the Adviser a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use the Platform and Content as described in Section 2, subject to the conditions and limitations in Section 3 and elsewhere in this Agreement.

All code, scripts, landing pages, email templates, and other content (“Content”) provided by Story Marketing Group remain its property. Modifications or extensions of Story Marketing Group’s Embedded Content by the Adviser do not grant the Adviser any rights in that modified Content. The Adviser’s right to use Story Marketing Group’s Embedded Content ends when the Platform license terminates.

USE RESTRICTIONS

The Adviser may not, without Story Marketing Group’s prior written consent (which may be withheld), directly or indirectly:

• Use the Platform beyond the licensed scope.
• Modify, translate, adapt, or create derivative works of the Platform, or provide access to the Platform to any other Person (including subcontractors, affiliates, or service providers); provided that the Adviser may create Content for use with the Platform and modify Content provided by Story Marketing Group.
• Copy, reuse, adapt, modify, or repurpose any Content.
• Reverse engineer, disassemble, decompile, or attempt to access the Platform’s source code.
• Remove, alter, or obscure any trademarks or intellectual property notices on the Platform.
• Rent, lease, sell, sublicense, assign, distribute, publish, transfer, or make the Platform available to any Third Party, whether over a network or on a hosted basis.
• Use the Platform illegally.
• Use the Platform for competitive analysis, developing competing products, or any purpose commercially detrimental to Story Marketing Group.

RESPONSIBILITY FOR USE

The Adviser is responsible for all Platform use through its access, directly or indirectly. The Adviser is liable for all actions and omissions related to the Platform by itself or anyone it grants access to, whether permitted or not. The Adviser acknowledges operating in a regulated industry and is responsible for complying with applicable regulations and supervisory rules.

INFORMATION COLLECTION AND USE

Story Marketing Group may collect and store information about Platform usage and related equipment through maintenance services and security measures. This information may be used to improve the Platform, develop updates, verify compliance, and enforce Story Marketing Group’s rights. All collected information is subject to Story Marketing Group’s Privacy Policy. By using the Platform, the Adviser consents to Story Marketing Group’s handling of information according to the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

• Story Marketing Group’s Rights: The Platform is licensed, not sold. The Adviser does not own the Platform and only has the right to use it as licensed. Story Marketing Group retains all rights and interest in the Platform. The Adviser must notify Story Marketing Group of any infringement of its Intellectual Property Rights and cooperate in any enforcement action.
• Adviser’s Rights: Story Marketing Group does not own the Adviser IP and will only use it to generate campaigns for the Adviser. Upon termination, Story Marketing Group will return or destroy any Adviser IP in its possession.

THIRD-PARTY MATERIALS

The Platform may display third-party content or links (“Third Party Materials”). Story Marketing Group is not responsible for these materials and has no liability for them. The Adviser uses Third Party Materials at its own risk and subject to the third parties’ terms.

PAYMENT

All License and Support Fees are payable in advance and are non-refundable. Renewals are effective only after full payment.

TERM AND TERMINATION

The Agreement’s initial term is one year from the Commencement Date on the Order Form and will automatically renew annually until terminated. Month-to-month agreements will auto-renew monthly.

The Adviser may terminate by notifying Story Marketing Group at least 30 days before the current term ends, following the website procedure. The Adviser must fulfill all initial term payment obligations. Terminating early requires paying the remaining balance of License Fees, and Platform access will be revoked. No refunds are issued upon termination.

Story Marketing Group may terminate the Agreement with written notice if the Adviser materially breaches it and the breach is incurable or uncured within 15 days of notice. Declining valid charges is a material breach.

Story Marketing Group may terminate immediately if the Adviser files for bankruptcy or insolvency.

Upon termination, the license ends, and the Adviser must stop using the Platform. The Adviser remains obligated to pay outstanding fees. Termination does not limit Story Marketing Group’s legal remedies.

DISCLAIMER AND WARRANTY

The Platform is provided “as is” without any warranty. Story Marketing Group disclaims all warranties, including implied warranties of merchantability, fitness, title, and non-infringement. Story Marketing Group does not warrant that the Platform will meet the Adviser’s requirements, achieve results, be compatible with other systems, operate uninterrupted, or be error-free.

Story Marketing Group is not liable for any use, interruption, or inability to use the Platform; lost revenues or profits; delays or loss of services; data loss; system failures; inaccurate information; or security breaches. Story Marketing Group is not liable for the results or performance of the Content. Its total liability will not exceed the amount paid under this Agreement for the Platform or the specific services related to the claim.

REGULATORY COMPLIANCE

Story Marketing Group disclaims responsibility for the Adviser’s compliance with regulations. The Adviser will indemnify Story Marketing Group against any claims brought by a regulatory body or third party based on the Adviser’s use or misuse of the Platform or Content.

MISCELLANEOUS

This Agreement is governed by Florida law. Any legal action will be in Florida courts. Service of process by mail is effective.

Story Marketing Group is not liable for performance delays due to events beyond its control.

Notices must be in writing and are deemed given when delivered, received by courier, sent by confirmed email/fax, or three days after mailing.

This Agreement, with the Order Form and other incorporated documents, is the entire agreement and supersedes all prior communications.

The Adviser may not assign its rights or delegate its obligations without Story Marketing Group’s written consent. Story Marketing Group may assign its rights and delegate its obligations freely.

This Agreement benefits the parties and their successors.

Story Marketing Group may amend this Agreement with digital notification. No waiver is effective unless in writing.

If any provision is invalid, the other provisions remain in effect.

This Agreement is construed without regard to the drafting party. The Order Form and other attachments are integral to this